Legal Question in Family Law in France

French jurisdiction in Franco-US maintenance matters

In France, the judge who is dealing with maintenance is the Judge for family matters (�Juge aux affaires familiales�), a specific judge from the High Court (�Tribunal de Grande Instance�). Pursuant to EU Regulation and to the French Civil Code of Procedure, and when there is no specific applicable bilateral Convention, the French Judge for family matters who has jurisdiction to grant a maintenance Order against a maintenance debtor domiciled outside the EU, i.e. in the US, is the one where the creditor spouse lives or the one where the parent who assumes mainly the custody of the children, even the major ones, lives. The territorial jurisdiction is determined in relation to the residence on the date of the application. The judge will apply French law according to provisions of the Hague Convention of 2 October 1973 on the Law Applicable to Maintenance Obligations which provides that the internal law of the habitual residence of the maintenance creditor shall govern the maintenance obligations (maintenance obligations arising from a family relationship, parentage, marriage or affinity, including a maintenance obligation in respect of a child who is not legitimate) and that in the case of a change in the habitual residence of the creditor, the internal law of the new habitual residence shall apply as from the moment when the change occurs. On that basis, and subject to confirmation of your personal situation, you may file a petition for seeking a maintenance Order before a French Judge. The Order will be recognized and enforceable in France and within the EU but not necessary in the US.

Didier Lebon Esq.

([email protected])

If there are no current legal proceedings underway, you will need a lawyer in Maryland if that is where the father resides.