child custode | Gregory Hanson

How is the amount of child support determined by the Judge?

Grégory HANSON — Thu, 06 Sep 2018 07:26:22 +0000

Support is paid in the form of monthly instalment by the parent who doses not have custody to the one who does.

In case of shared custody, the Judge will only rarely grant support if there is a very substantial difference of income between parents.

There is no fixed scale established by statute.

Each judge will estimate the amount of monthly support necessary depending on the income and expenses of the parents, the age and needs of the child, the number of children.

For instance with an income of 2000 €/ Month a parent could expect to pay for one child between 150 and 300 € Month.

At any time until the child is capable of supporting itself, a parent can ask a judge to increase of reduce the amount of support depending on the changes in the situation of parents and child.

Obligation to pay child support does not stop when the child is 18. This obligation continues until the child is capable of subsisting alone (usually when studies are over).

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Does the Judge take into account the opinion of the children before deciding which parent will have custody?

Grégory HANSON — Wed, 06 Jun 2018 07:21:34 +0000

The child’s opinion will be taken in to account if the Judge believes he/she is in age of having a point of view. French Judges usually admit this capacity from the age of 7 or 8, depending on the maturity of the child. Theoretically the child can testify in Court but this is quite unusual. To avoid the trauma of a court appearance a lawyer “l’avocat de l’enfant” is usually appointed to represent the child, at the request of one of the parents.

This lawyer is paid by legal aid and is completely independent from the parents. He/she has received a special training on how to interview children and will speak in the name of the child during court hearings.
This is a relatively reliable way of giving the position of the child on custody, visitation rights etc…

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Which Judge has jurisdiction in trans European divorce cases?

Grégory HANSON — Mon, 05 Feb 2018 14:48:11 +0000

All domestic litigation depends on the jurisdiction of the “Juge aux affaires familiales”. In each French “Département” (French administrative division more or less equivalent to a British county), there are generally one or two Court, grouping several “Juges” specialised in domestic issues.

If both spouses live in France, it is the Judge closest to the residence of the children who will have Jurisdiction. If there are no children it will be the Judge of the residence of the defendant.

In trans European cases, when one spouse lives in a EU country and the other in another, the question is more complex. This matter comes under Council Regulation No 2201/2003 of 27 November 2003. In compliance with this Regulation, spouses can sometimes have the choice between the two legal systems. The usual residence of the children will also be taken into account. In this delicate matter one should seek the advise of a legal practitioner.

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