Legal Question in Family Law in France

I assume that you are living in France with your girlfriend and the children.

Under French law, "Parental authority is a set of rights and duties whose finality is the welfare of the child. It is vested in the father and mother until the majority or emancipation of the child in order to protect him in his security, health and morality, to ensure his education and allow his development, showing regard to his person".

Furthermore, French Law provides that "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".

Should the children be unlawfully removed within the EU, the exercice of cross border rights of custody and access to the children will be recognized and enforced under the Brussels II Regulation (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).

Didier Lebon, Esq.