What should I do if my child’s parent no longer fulfills their obligations (payment of child support, representation of the child)?
Failure by one of the parents to fulfill their obligations towards their child, whether in terms of child support payments or compliance with custody and visitation rights, constitutes a violation of the child’s rights and may justify civil and criminal proceedings.
Non-payment of child support:
When the other parent fails to pay child support as determined by a court order or an approved agreement, they are guilty of the offense of family abandonment.
The penalty is two years’ imprisonment and a €15,000 fine. Additional penalties may be imposed (suspension or cancellation of driving license, ban on leaving the country, parental responsibility training, or even a ban on professional activities involving minors).
What can you do? There are various collection procedures available to obtain payment:
– Direct payment,
– Garnishment of wages,
– Garnishment of bank accounts,
– Recourse to the services of the CAF (family allowance fund) or the Public Treasury.
What can you do? To obtain payment, various collection procedures are possible:
– Direct payment,
– Wage garnishment,
– Garnishment of bank accounts,
– Recourse to the services of the CAF or the Public Treasury.
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..
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 ensure that your custody, visitation, and accommodation rights regarding your children are respected, you can:
● File a complaint at the police station or gendarmerie, with supporting documents.
● Refer the matter to the family court judge to request a change in visitation rights or even the child’s residence.
● Refer the matter to the criminal court (tribunal correctionnel) to initiate legal proceedings.
● Consider bringing a civil action 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.