Legal Question in Family Law in France

French law provides that the father and mother shall exercise in common parental authority. Where, however, parentage is established with regard to one of them more than one year after the birth of a child whose parentage is already established with regard to the other, the latter alone remains vested with the exercise of parental authority. It shall be likewise where parentage is judicially declared with regard to the second parent of the child. Parental authority may however be exercised in common in case of joint declaration of the father and mother before the chief clerk of the tribunal de grande instance or upon judgment of the family matters judge.

Separation of the parents has no influence on the rules of devolution of the exercise of parental authority. Each of the father and mother shall maintain personal relations with the child and respect the bonds of the latter with the other parent. Any change of residence of one of the parents, where it modifies the terms of exercise of parental authority, shall be the subject of a notice to the other parent, previously and in due time. In case of disagreement between them, the most diligent parent shall refer the matter to the family causes judge who shall rule according to what the welfare of the child requires. The judge shall apportion removal expenses and adapt accordingly the amount of the contribution to the support and education of the child.

Where the welfare of the child so requires, the judge may commit exercise of parental authority to one of the parents.The exercise of the right of access and lodging may be refused to the other parent only for serious reasons.That parent shall keep the right and duty to supervise the support and education of the child. He or she must have notice of the important choices relating to the life of the child

In case of a separation between the parents, or between the latter and the child, a contribution to his support and education shall take the form of periodical payments to be paid, according to the circumstances, by one of the parents to the other, or to the person to whom the child is entrusted. The terms and guaranties of those periodical payments shall be fixed by an agreement to be approved by the Judge in Family matters or, failing which, by the judge.Those payments may in whole or in part take the form of a direct taking charge of costs incurred on behalf of a child. They may in whole or in part be effected under the form of a right of use and dwelling.

Within the European Union, the exercice of cross border rights of access is subject to Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility. Notably the regulation lays down rules on child abduction (unlawful removal or retention of the child). The purpose is to combat child abduction in the EU.