Are you facing a separation? If the situation is already delicate, emotionally speaking, you will also have to solve various problems and make decisions. This is particularly the case if you have children, you will have to determine where they will live, the conditions of access… In some cases, the parents agree and everything goes well, while in others, conflicts prevent progress… It is therefore advisable to call on a lawyer specialising in family law, such as Antoine Beraud, a well-known lawyer at the Marseille bar.
Finding an agreement for your children’s access rights
Determining access and accommodation for the children will largely depend on the parents’ agreement. If the parents agree, all they have to do is have their opinion confirmed by a family court judge, who will ensure that the best interests of the child are met. For unmarried couples, this step remains optional, as they can agree directly. However, going through a family court judge is still a highly recommended step to prevent future conflict.
On the other hand, if the parents do not agree, and whether they are married or not, they will have to go through this judge. The magistrate will then have to set the conditions of the right of access and accommodation, possibly by setting up alternating custody, taking into account the interests of the child first and foremost.
Cases of access and accommodation rights
The most common access and accommodation rights for children, both by parents and by the judge, consist of access every other weekend and half of the school holidays for the parent with whom the child does not live. However, other alternatives exist, such as alternating custody.
It should be borne in mind that it is entirely possible to change this right of access and accommodation. If a judge has approved the decision, you must then go back to the judge to notify him or her of the changes. Similarly, if you do not agree with any changes requested by the other parent, you can appeal to the family court judge, who will have to make a decision to end the conflict.
Sometimes there is disagreement and conflict over access and accommodation rights. This can lead to parents preventing the other parent from seeing their child. In such cases, the public prosecutor should be contacted in order to lodge a complaint with the regional court in the child’s place of residence. The consequences can be significant, since the recalcitrant parent can be fined up to 15,000 euros, but also imprisoned for up to one year.
In all cases, it is strongly recommended that you call on a lawyer specialising in family law to take stock of your situation, but also to determine your rights and find the best alternative for your family.
