FRANCE Law and Practice Contributed by: Elodie Mulon, Emmanuelle Bonboire-Barthélémy and Louise Astruc Baciotti, Chauveau Mulon & Associés
seising the family court judge. If an agreement is reached, they can, however, request the judge to approve it for enforceability (Article 373-2-7 of the Civil Code). Child Support In France, the contribution to the maintenance and education of a child takes the form of a monthly allowance. It can also take the form of covering certain in-kind expenses (eg, school fees, extracurricular activities, unreimbursed health expenses, psychologist fees) or be a mix of both. The contribution is calculated based on the resources of each parent and the child’s needs (Article 371-2 of the Civil Code). The residence arrangement can also impact the amount of the contribution for the child. French law does not provide for any specific calculation. The deter - mination of the amount is left to the discretion of the family court judge. The family court judge may temporarily grant the use of the family home to the parent with whom the child resides in exchange for an occupation fee, if applicable, and for a maximum duration of six months unless the property is jointly owned by the parents. In this case, the judge can extend this measure if either party initiates a procedure for property settlement (Article 373-9-1 of the Civil Code). If the parents agree on the amount and terms of this contribution, they can enter into a parental agreement and request its approval by the family court judge to make it enforceable (Article 373- 2-7 of the Civil Code). The contribution to the maintenance and educa - tion of the child does not cease with the child’s majority (Article 371-2 of the Civil Code) – it
is customary for it to continue until the child achieves financial independence. When the child reaches adulthood, it is possible to request that the family court judge indicates that the contri - bution will be paid, in whole or in part, directly to the adult child, especially if they no longer reside with either parent (Article 373-2-5 of the Civil Code). An adult child can seise the family court judge to request or maintain a contribution for their maintenance and education, demonstrating their need in such cases. 3.3 Other Matters Either parent can approach the family court judge in case of disagreement regarding the child’s education, religious upbringing or medi - cal care. The family court judge must consider the child’s best interests, the elements listed in Article 373-2-11 of the Civil Code (see 3.2 Liv- ing/Contact Arrangements and Child Mainte- nance – Exercise of Parental Authority) and any other information brought to their attention. Parental alienation There is no legal definition of “parental aliena - tion” in French law. In cases of suspected parental alienation, where one parent attempts to estrange the child from the other parent, the family court judge can request a psychological evaluation of the family before making any sub - stantive decisions. The judge must then draw all necessary conclusions from the expert’s report to protect the children, potentially establishing residence with the other parent and arranging visitation in a supervised setting initially. Child’s audition Minor children can be heard, by the judge or a professional appointed by the judge, in proceed - ings that concern them, provided they have the capacity for discernment (Article 388-1 of the Civil Code). However, the child is not a party to
174 CHAMBERS.COM
Powered by FlippingBook