When you separate from the other parent of your child, it is essential to organize the residence, visiting and accommodation arrangements in the best interests of the child (intérêt de l’enfant). These rights are intended to maintain regular contact between the child and each of their parents.
The child’s residence arrangements are set by the judge or decided by mutual agreement between the parents. They can take several forms:
- Alternating residence (résidence alternée): the child lives alternately with each parent (e.g., every other week). This arrangement requires good relations between the parents and geographical proximity.
- Traditional residence: the child lives mainly with one parent, and the other parent has standard visiting and accommodation rights (droit de visite et d’hébergement) (e.g., every other weekend and half of the school holidays) or extended rights (e.g., Tuesday evening to Thursday morning).
- Reduced residence: the child lives exclusively with one parent, with more limited visiting rights without accommodation for the other parent (e.g., one day per week, without overnight stays), depending on that parent’s abilities and availability.
- Supervised visiting rights (droit de visite médiatisé): in cases of serious conflict, violence or danger to the child, meetings take place in a neutral, supervised location (parent-child meeting center, espace rencontre parent-enfant).
To best assess the situation, the judge may order a social inquiry (enquête sociale), a medical-psychological assessment, or hear your child. The choice depends in particular on the child’s age, emotional stability, the geographical distance between the parents’ homes and the school, and the parents’ ability to cooperate calmly in the interests of their child.
Visiting and accommodation rights of the parent with whom the child does not reside
If your child does not live primarily with you, you can obtain visiting and/or accommodation rights. These can be set by mutual agreement with the other parent, in writing, and possibly approved by the family court judge (juge aux affaires familiales). If there is no agreement, the judge sets the arrangements, taking into account the best interests of the child.
In the event of non-compliance with visiting rights
If the parent with whom the child lives prevents you from exercising your visiting or accommodation rights, you can obtain enforcement if you have a court decision or a parenting agreement (convention parentale).
Repeated refusal may constitute a criminal offense, the offense of failing to hand over a child (non-représentation d’enfant), and the parent may be convicted. You can file a criminal complaint.
It is recommended that you first engage in dialogue, or turn to family mediation in order to reach an agreement.
Gaëtan Escudey is available to assist you in establishing or modifying visiting and accommodation rights with regard to your child, favoring amicable solutions whenever possible.
This general information does not replace a consultation: each situation requires individual assessment.
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