In 2020, 4 million children had separated parents. Approximately 380,000 children are affected each year by their parents’ separation, with 60% being born out of wedlock. Hence, the issue of parental separation affects a large number of children.

The place of the child in the event of parental separation is a complex and sensitive subject, dependent on numerous factors such as the child’s age, their relationship with each parent, the circumstances of the separation, and the decisions made by the parents or, in the absence of agreement, by the competent authorities.

I- The Child’s Place in Choosing Their Place of Residence and Each Parent’s Visitation Time

A- If Parents Agree

Upon separation, parents must agree on determining the organization of the child’s life. More specifically, they must agree on:

  • The place of residence, meaning where the child will usually live. Residence can be alternated between the parents’ homes, often on a weekly basis, or primarily with one parent while the other has visitation rights, usually every other weekend and half of the school holidays.
  • Each parent’s visitation time. This depends on the availability of each parent and practical constraints such as distance and work schedules.
  • The financial contribution to the child’s upkeep and education, aiming to maintain a relatively equivalent standard of living in both households.

In most cases, in reaching an amicable solution, parents consider the child’s opinion and best interests. To formalize the agreement and ensure its enforceability, it can be documented in a parental agreement, overseen by each parent’s lawyer and approved by a judge without a formal hearing.

If one parent wishes to modify the arrangement and the other disagrees, the matter can be brought before a family court judge.

B- If Parents Cannot Agree After Separation

If parents cannot agree, involving a family court judge becomes necessary. The wait time for a court hearing, sometimes several months, can be challenging, especially when there are disagreements about significant aspects of the child’s life.

By default, parents jointly exercise parental authority, meaning they must make decisions together regarding the child’s schooling, residence, visitation rights, and financial support. If there’s a clear disagreement (e.g., regarding residence or schooling) and waiting for a court hearing is not feasible, one parent can request an expedited hearing.

Before the family court judge, the child may request to be heard if they are considered capable of discernment, typically from the age of 10. The judge considers the child’s testimony along with other evidence before making a decision, always prioritizing the child’s best interests.

II- The Child’s Place in Cases of “Danger”

If there are concerns about the child’s safety or well-being, whether physical, psychological, or due to educational neglect, another judge, the juvenile court judge, may intervene. In such cases, the child plays a more active role, being able to report incidents to various authorities.

The juvenile court judge aims to protect the child, potentially ordering interventions by social workers and, if necessary, placing the child in alternative care.

In court hearings, the child is typically heard from the age of 7 (although this can vary by jurisdiction). Overall, in legal proceedings, the child’s role tends to be more passive to protect them from potential pressures.

In all proceedings, the child’s well-being and needs should be paramount, emphasizing communication, parental cooperation, and solutions that promote the child’s healthy development. Family court judges ensure that decisions are made in the child’s best interests.

Helpful links :

https://www.strategie.gouv.fr/sites/strategie.gouv.fr/files/atoms/files/fs-2024-na_132-separation_des_parents-janvier.pdf

https://www.justice.fr/themes/convention-parentale

https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000045136798