Divorce by Fault and its Effects on Parental Authority in France

Extract

[...] Divorce and its conditions PA : The case study submitted to our examination deals with divorce by fault, freedom of evidence in divorce matters as well as the effects on parental authority following a divorce. Summary of relevant facts : Vincent and Marie have been married for 10 years, parents of two minor children Léo and Zoé and 6 years old). The living conditions have deteriorated, Vincent regularly goes out late, gets drunk, and shows violence towards his wife, Marie. [...]

[...] Legal Problem : What effects will such a divorce have on parental authority? Major : Article 373-2 of the Civil Code states that: "The separation of parents has no impact on the rules governing the delegation of parental authority." Minor : In this case, divorce does not bring about any change in the exercise of parental authority. Major : On the other hand, Article 373-2-1 of the Civil Code provides that: "If the child's interest so requires, the judge may entrust the exercise of parental authority to one of the two parents." Minor : In this case, since it is a case of divorce by fault with a violent husband, we can consider that the child's interest is threatened, the parental authority could be withdrawn from the father by the judge Major : However, despite the absence of the withdrawal of parental authority, the other parent benefits from several rights: right and duty to monitor the care and education of the child, right to be informed of important choices regarding the life of these, right of visitation and accommodation (except for serious reason). [...]

[...] Minor : In this case, even if parental authority is withdrawn from the father, the latter retains certain rights with regard to the child. Recurrent : In this instance, Vincent may have parental authority withdrawn from him in the interest of protecting his children. However, he will still retain certain restricted rights over them. [...]

[...] Recurrent : In this instance, in order to divorce, Marie must request a divorce for fault by relying on the elements of violence she has suffered. Problem of law : What are the admissible testimonies in the case of divorce for fault? Major : Article 259 of the Civil Code provides that: "The facts invoked as grounds for divorce or as defenses to a request may be established by any means of proof, including confession" Minor : In this case, by the principle of freedom of proof, it is possible to demonstrate fault by any means. [...]