The alternating guard is increasingly familiar with families. Moving, decision -making, alimony … A divorce -specialist lawyer answers our questions about the complications of the alternate residence.
A more equitable guard for parents, a little fulfilled? … In theory, The alternating residence allows children to keep their bearings. And to be set up, the ex-spouses are required to meet several conditions: A good understanding, proximity to residence, a welcome suitable for the child (with the possibility of offering him a room for example), and finally, the availability and presence of the parent. But in fact, Not everything goes as planned even if Everything is stipulated in an agreement, And parents are often faced with special situations. What to do when one of the parents is transferred to another city? Can the guard be easily modified? What if we do not agree on education? Maître Yves Toledano, Lawyer at the Paris Bar, specialist in divorce and founder of Radio Divorce, answers all our questions.
In the event of a divorce, important decisions are made for two. We talk aboutjoint parental authority. Everyone must contribute to the payment of tuition For example. Nevertheless, if one of the two parents wishes to enroll his child in a private rather than public school, it is up to him to pay the school. Same thing for the choice of studies, or linguistic stays for adolescents. On the health side, the ex-spouses are sometimes disagreement (circumcision, surgical operation or psychiatric sessions following the divorce …). In the field of health, The family judge may be seized in summary proceedings to decide in the interest of the child.
Parents being supposed live next to each otherthe family judge must be seized in the event of moving or transfer to another city, especially if the place of residence is distant. In general, It is the parent who remains in the same city that retains child care (except in certain situations). The judge then applies new guard measures, always in the interest of the child.
It all depends on the urgency of the situation and the court which can vary the expectation of the judgment between two and nine months on average. It can be faster when justifies a transfer date For example. However, the decision can also be postponed if it is missing an essential document, or if the judge considers that the child must be heard by a child psychiatrist for example.
Since the guard is shared, the alternating residence therefore does not provide for alimony since the costs are also fair, especially if the two parents have roughly the same income. However, if one of the parents earns much more than the other, the latter can claim to perceive a pension, in order to maintain the same quality of life for the child. She stays less, and is calculated according to the charges, the number of children and the salary …
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The new divorce by mutual consent implemented since January 1, 2017 no longer requires passing before a judge. The ex-husbands then each have their own lawyer and the separation is done more quickly. In addition, the child now signs a document stipulating that he asks not to be heard by a judge. Consequently, no judge may verify that the conditions of the alternate custody are really respected. The risk is that many parents will be tempted to sign amicably to divorce faster, saying that it will always be able to modify the guard afterwards. But the family judge should be seized by bringing new elements and evidence (testimonies, lease …). |
The term d‘parental removal include several situations: One of the parents keeps with him his child (s) when they should be under the care of the other parenteven if the child (whatever his age) agreed to be with the parent author of the facts, explains the public service site. On the other hand, the child must be recognized or adopted by both parents. A parental removal May be qualified when a parent refuses to bring his child back to his home after a right of visit, the refusal to leave the child to the parent with that he must be hosted during an alternate guard, or when the parent who has the usual guard refuses to leave the child to the other parent benefiting from a right of visit. In these three situations, we also use the term “Crew of non -representation of children“. We are talking about parental kidnapping in the strict sense of the term when one of the parents leaves with the child without having the right, when he is at school or in the care of the second parent or another adult. Finally, the definition of a parental removal includes the fact of move without the agreement of the other parent When the latter has a right of visit or has custody, and without communicating the new coordinates of the child.
