Failure by one of the parents to comply with their obligations towards their child, whether regarding the payment of child support (pension alimentaire) or compliance with visitation and accommodation rights (droit de visite et d’hébergement), constitutes a violation of the child’s rights and may justify civil and criminal proceedings.
Non-payment of child support
When the other parent has failed for more than two months to pay the child support set by a court decision or an approved agreement, they commit the offense of family abandonment (abandon de famille).
The penalty is two years’ imprisonment and a €15,000 fine. Additional penalties may be imposed (suspension or cancellation of the driver’s license, ban on leaving French territory, parental responsibility course, or even a ban on professional activities involving minors).
What can you do? To obtain payment, various collection procedures are possible:
- Direct payment,
- Wage garnishment,
- Garnishment of bank accounts,
- Recourse to the Agence de recouvrement et d’intermédiation des pensions alimentaires (Aripa, the French family-support recovery agency) or to the Public Treasury (Trésor public).
Non-representation of a child
If the other parent deliberately prevents you from seeing your child despite a court decision or an approved agreement, they are committing the offense of non-representation of a child (non-représentation d’enfant).
This behavior is punishable by a €15,000 fine and one year’s imprisonment, or even more in the case of retention abroad or repeat offenses.
What can you do? To enforce your visitation and accommodation rights, you can:
- file a complaint at the police station or gendarmerie, with the supporting documents;
- refer the matter to the family court judge (juge aux affaires familiales) to request a change in visitation rights, or even in the child’s residence;
- refer the matter to the criminal court (tribunal correctionnel) to initiate proceedings;
- join the proceedings as a civil party (partie civile) to obtain damages.
Gaëtan Escudey is available to help you assert your rights and take all necessary steps, whether amicable or contentious, to ensure that the defaulting parent complies with their legal obligations and to protect the best interests of your child.
This general information does not replace a consultation: each situation requires individual assessment.
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