Parental Authority and Child's Residence

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Parental Authority and Child's Residence

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Themes

Parental authority, child custody, family law, minor child, joint exercise, Civil Code, Article 371-1, Article 372, Article 373-2, Article 388-1, family court judge, hearing minor child, child's residence, visitation rights, separation, divorce, filiation, parental rights, child's best interest, discernment, usual acts, non-usual acts, relocation, parental disagreement, French law, child protection, family dispute resolution, parental responsibility, child-parent relationship, jurisdiction, judicial decision, Astrid, Christine, Pierre, Paris, Marseille, relocation without consent, parental authority exercise, child hearing, family court jurisdiction, legal procedure, child welfare, parental obligations, rights and obligations of parents, child development, respect for the child, family law jurisprudence, jurisprudence Cassation, Article 372-2, Article 372-2-10, Article 311-25, Article 312.

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Abstract
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Abstract

A family court judge must rule on the modalities of the exercise of parental authority, considering the best interest of the child.

Extract

[...] In addition, the parent who changes the child's residence, thereby modifying the exercise of parental authority, must inform the other parent (Cass. civ. 1he July 2006). Therefore, considering the consequences that this act produces with regard to Christine and Astrid, this act cannot be considered as a usual act, and Christine should have had the power to participate in this decision-making process in accordance with the principle of joint exercise of parental authority. Each parent must maintain personal relationships with the child and respect the child's links with the other parent (Article 373-2 paragraph 2 of the Civil Code). [...]

[...] On the hearing of the minor child When the family court judge must rule on the modalities of the exercise of parental authority, he may decide to hear the minor child (Article 373-2-11 2° of the Civil Code), provided that he is capable of discernment (Article 388-1 paragraph 1 of the Civil Code). When the minor requests it, this hearing is of right. On the other hand, when the minor refuses to be heard, the judge must assess the validity of this refusal (Article 388-1 paragraph 2 of the Civil Code). In this case, Astrid is 10 and a half years old. The law does not set an age for the minor regarding his discernment. [...]

[...] Parental authority, residence of the minor and hearing Astrid was born on July so she is 10 and a half years old. Upon the divorce of her parents, her residence was set at Pierre's in Paris, Christine benefits from a visitation and accommodation right that is easily implemented. Pierre was forced to move to Marseille for work, and this without informing Christine. The question is, on the one hand, to determine what Christine can do, and on the other hand, to know if the judge can hear the child In preliminary matters, maternal filiation is established according to the designation of the mother in the birth certificate (Article 311-25 of the Civil Code), while paternal filiation is established by the fact of the presumption of marriage (Article 312 of the Civil Code). [...]

[...] However, it is considered by the jurisprudence that a 6-year-old child is not capable of discernment, so he cannot be heard. (Cass. civ. 1he February 2009, n°07-14.849), it is the same for children aged 9 years (Cass. civ. 1he March 2015, n°14-11.392). In this case, Astrid being a little over 10 years old, it can be considered that she has discernment and can therefore be heard by a judge. Thus, the judge will be able to decide to hear Astrid. [...]

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