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Types of child(ren) custody in France

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What does a French court consider when deciding custody?

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Type of child custody advantages and disadvantages

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Going to Court

PacisLexis Family Law

Child custody lawyer

In France, when a couple is getting a divorce, agreeing on child or children custody is a turning point and disputes raise. In France, couples have 2 options: either they find a joint solution or the family Court Judge will settle the dispute.

Whatever the dispute solution is, parents will have to come to an agreement based on 3 types of custody: “la garde Classique” or flexible custody arrangements in english, “la garde alternée” or joint residency in English et la “garde réduite” or sole custody in English.

Although the French-to-English translations are correct, there are differences in these custody arrangements between French Law and the Common Law.

In France, child or children custody is regulated by the Civil code, particularly Articles 371-4 to 373-2 so on courts’ decision. In England, child or children custody is based on parents’ agreement upon their divorce and arrangements are governed by the Children Act 1989, which prioritises the welfare of the child as the main consideration.

Child custody is an outdated legal term in the UK and has been replace with the words ‘live with’.

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Types of child(ren) custody in France

What is “la garde réduite” in France standing for sole residency in English?

“La garde réduite” in France also sole residency in English means that the child(ren) has (have) a primary home with one parent where they live and has (have) access visits with the other parent as agreed by the courts. Sometimes visits can be arranged under supervision if the judge agrees.

Supervisions means that meetings between a parent and their child(ren) are organised and take place by a charity insuring these visits run smoothly.

In France “la garde réduite » does not include overnight sleeps and stays.

What is sole residency in the UK?

Sole residency in the UK means that the child(ren) has (have) a primary home with one parent where they live and has (have) access visits with the other parent as agreed by the courts.

This parent is often referred to as the “resident parent” or “custodial parent.” In England sole residency can involve overnight sleeps and stays according to a schedule determined by the Court or agreed upon by both parents.

In France, what is “la garde alternée” or joint residency?

In France, joint residency means that the child(ren) splits their time between both parents and they share parental responsibility.

It also involves sharing holiday and weekends and it’s typically on a 50/50 basis.

In the UK, what is joint residency?

Same as in France, joint residency means that the child(ren) splits their time between both parents and they share parental responsibility.

However in England it doesn’t have to be on a 50/50 basis and it’s down to the parents what is the best for their child(ren). As a result child maintenance payments can be affected.

In France, what is “la garde Classique » or flexible custody arrangements?

In France, “la garde classique » means that the child(ren) has (have) a primary home with one parent where they live and has (have) access visits and stays with the other parent typically on a 50/50 basis every other weekend.

Holiday are also shared on a 50/50 basis. It’s  more a 15-day period basis with minors. The first parent will get the first couple of weeks in July and August and the other parent will get the second half of July and August.

In the UK, what is flexible custody arrangements?

This type of custody arrangements is based on both parents schedule and may vary from week to week. The arrangement involves good communication and understanding between the parents.

In the UK, are there other types of custody arrangements?

Yes!

There are 2 other types of custody in the UK.

  • Bird’s nest parenting: this type of custody is becoming more and more popular in the UK. This agreement is based on the child(ren) staying in the family home and the parents take turns to move in and out meaning when not in the house, parents must have their own accommodation.
  • Co-parenting: this concept raised with LGBTQ couples who have used a donor or surrogate and the biological parent is still involved.

If you want to learn more about surrogacy, follow the link below:

Surrogacy

Decision-Making Authority France/UK
  • England: In England, both parents usually retain parental responsibility unless the court orders otherwise. This responsibility includes making major decisions about the child’s upbringing.
  • France: In France, parental responsibility (“autorité parentale” in French) is typically shared by both parents, even after divorce, unless the court decides otherwise. Major decisions about the child’s education, health, and religion are made jointly.

In France whatever the type of custody is, parental responsibility is shared unless the court decides otherwise but mainly in serious cases such as abuse.

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What does a French court consider when deciding custody?

In France, how does a Court decide on the child(ren) primary home?

The court will make a decision based on what it’s the best for the child.

The checklist is based on:

  • The eventual agreement between both parents
  • How capable each parent is of meeting the child(ren) needs
  • The effect on the child(ren) if changes in their circumstances
  • The wishes and feelings of the child(ren)
  • Professional assessments if required
  • Social investigations if required
  • Abuse on the child(ren)
How does a French Court decide with brothers and sisters?

The French law article 371-5 states that a child should not be separated from their sisters and brothers unless it’s not possible to do so or if their needs and interest require another solution.

Can a French judge order a child protection investigation?

Before deciding on a child(ren) custody, the judge have a legal duty to investigate situation in which a concern or concerns about a child(ren) safety and well-being has been expressed.

For example, a child protection investigation in France can assess the ability of the parents to respond to the child(ren) needs.

However, this investigation can not be used as a ground for a divorce and can only be used to state on parental responsibility.

I can’t reach an agreement with my ex-partner about our child(ren) custody, what shall I do?

If you can’t reach an agreement, you can petition the family law judge. Following the petition, both parents will be heard by the judge. Upon a child(ren)’s request, they also can be heard.

How does a UK Court decide on the child(ren) primary home?

In the UK, when determining the child’s primary residence, also known as the “primary home” or “main residence,” the court considers various factors to ensure the child’s welfare remains paramount. These factors typically include:

  • Welfare of the Child: The court’s primary concern is the child’s welfare, which is assessed based on the child’s physical, emotional, and educational needs.
  • Parental Capability: The court evaluates each parent’s ability to provide a stable and nurturing environment for the child, considering factors such as housing, financial stability, and parenting skills.
  • Child’s Wishes and Feelings: Depending on the child’s age and maturity, their wishes and feelings may be taken into account, although they are not determinative.
  • Continuity and Stability: The court may prioritize maintaining continuity and stability in the child’s life, which could involve considering the child’s current living arrangements, school, and community ties.
  • Parent-Child Relationship: The quality of the relationship between each parent and the child is assessed, including the level of involvement in the child’s life and the ability to support the child’s emotional and developmental needs.
  • Co-Parenting Ability: The court looks at each parent’s willingness and ability to facilitate the child’s relationship with the other parent, promoting co-parenting and cooperation in decision-making.
  • Any Risk or Harm: The court considers any evidence of risk or harm to the child, including concerns about abuse, neglect, or domestic violence, and takes appropriate measures to ensure the child’s safety.
  • Any Special Circumstances: Special circumstances unique to the case, such as the child’s special needs or circumstances, may also be taken into account.

Ultimately, the court aims to make decisions in the best interests of the child, weighing all relevant factors to determine the most suitable primary residence arrangement that promotes the child’s well-being and development.

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Types of custody advantages and disadvantages

Advantages and disadvantages of sole custody in France?

1. Advantages of sole custody in France:

  • Clear Decision-Making: With one parent having sole custody, decision-making regarding the child’s upbringing, education, healthcare, and other important matters can be streamlined.
  • Consistency and Stability: The child lives primarily with one parent, providing a stable and consistent living environment, which can be beneficial for the child’s emotional well-being.
  • Reduced Conflict: Sole custody may help reduce conflicts between parents regarding parenting decisions, schedules, and other matters, as one parent has the final authority.
  • Efficiency in Decision-Making: In emergency situations or situations requiring quick decisions, having one parent with sole custody can facilitate faster decision-making processes.

 

2. Disadvantages of sole custody in France:

  • Limited Contact with Non-Custodial Parent: The child may have limited contact with the non-custodial parent, which can affect the quality of the parent-child relationship and the child’s sense of identity and belonging.
  • Potential for Parental Alienation: In some cases, the custodial parent may attempt to alienate the child from the non-custodial parent, leading to strained relationships and emotional distress for the child.
  • Single-Parent Responsibility: The custodial parent may bear the sole responsibility for parenting tasks, which can be physically and emotionally demanding, especially in cases where there is limited support from extended family or external sources.
  • Risk of Isolation: Both the child and the custodial parent may experience feelings of isolation or loneliness due to the lack of regular interaction with the other parent and extended family members on that side.
  • Legal Implications: Sole custody may lead to legal disputes and challenges from the non-custodial parent, especially if they feel marginalized or unfairly treated in the custody arrangement.
Advantages and disadvantages of sole custody in the UK
  1. Advantages of sole custody in the uk:
  • Clear Decision-Making: With one parent having sole custody, decisions regarding the child’s upbringing, education, healthcare, and other important matters can be made more efficiently without the need for constant negotiation or compromise.
  • Consistency and Stability: Sole custody provides the child with a stable and consistent living environment, which can contribute to their emotional well-being and sense of security.
  • Reduced Conflict: Sole custody may help reduce conflict between parents, as there is a clear delineation of roles and responsibilities, potentially leading to a more peaceful co-parenting dynamic.
  • Efficiency in Decision-Making: In emergency situations or situations requiring quick decisions, having one parent with sole custody can facilitate faster decision-making processes.

 

  1. Disadvantages of sole custody in the UK:
  • Limited Contact with Non-Custodial Parent: The child may have limited contact with the non-custodial parent, which can impact the quality of their relationship with that parent and potentially lead to feelings of loss or abandonment.
  • Risk of Parental Alienation: In some cases, the custodial parent may attempt to alienate the child from the non-custodial parent, leading to strained relationships and emotional distress for the child.
  • Single-Parent Responsibility: The custodial parent may bear the sole responsibility for parenting tasks, which can be physically and emotionally demanding, especially without support from the non-custodial parent.
  • Legal Challenges: Sole custody arrangements can sometimes lead to legal disputes and challenges from the non-custodial parent, particularly if they feel marginalized or unfairly treated in the custody arrangement.
  • Potential Impact on Child’s Well-being: While sole custody may offer stability, it can also potentially deprive the child of the opportunity to maintain strong relationships with both parents, which could have long-term implications for their emotional and psychological development.
Advantages and disadvantages of joint custody in France
  1. Advantages of joint custody in France:
  • Maintains Strong Relationships: Joint custody allows the child to maintain strong and consistent relationships with both parents, promoting a sense of security and emotional well-being.
  • Equal Involvement of both Parents: Joint custody ensures that both parents remain actively involved in the child’s upbringing, decision-making, and daily life, providing the child with diverse perspectives and support systems.
  • Shared Parenting Responsibilities: Joint custody encourages shared parenting responsibilities, including financial support, childcare, and decision-making, which can alleviate the burden on a single parent and foster cooperation between parents.
  • Flexibility and Balance: Joint custody arrangements often offer flexibility in scheduling and childcare responsibilities, allowing parents to balance work, personal life, and parenting duties more effectively.
  • Mitigates Parental Alienation: By promoting ongoing contact and involvement with both parents, joint custody reduces the risk of parental alienation and helps maintain positive parent-child relationships.

 

  1. Disadvantages of joint custody in France:
  • Potential for Conflict: Joint custody arrangements may lead to ongoing conflict and disagreements between parents regarding parenting decisions, schedules, and other matters, which can negatively impact the child’s well-being.
  • Logistical Challenges: Coordinating schedules, transportation, and communication between parents in joint custody arrangements can be logistically challenging and may require significant coordination and cooperation.
  • Disruptions to Routine: Frequent transitions between parents’ homes in joint custody arrangements can disrupt the child’s routine, leading to stress or instability, particularly if parents live far apart or have different parenting styles.
  • Financial Implications: Joint custody may involve higher expenses for parents, including costs associated with maintaining multiple households, transportation, and childcare arrangements, which can strain financial resources.
  • Potential for Unequal Involvement: In some cases, joint custody arrangements may result in unequal involvement or engagement from one parent, leading to feelings of resentment or imbalance in the parenting relationship.

Overall, while joint custody in France offers numerous benefits for both parents and children, it also presents challenges that require careful consideration and proactive management to ensure the well-being of all parties involved. Effective communication, cooperation, and a focus on the child’s best interests are essential for successful joint custody arrangements.

Advantages and disadvantages of joint custody in the UK
  1. Advantages of joint custody in the UK:
  • Maintains Strong Relationships: Joint custody allows the child to maintain strong and consistent relationships with both parents, promoting a sense of security and emotional well-being.
  • Equal Involvement of Both Parents: Joint custody ensures that both parents remain actively involved in the child’s upbringing, decision-making, and daily life, providing the child with diverse perspectives and support systems.
  • Shared Parenting Responsibilities: Joint custody encourages shared parenting responsibilities, including financial support, childcare, and decision-making, which can alleviate the burden on a single parent and foster cooperation between parents.
  • Flexibility and Balance: Joint custody arrangements often offer flexibility in scheduling and childcare responsibilities, allowing parents to balance work, personal life, and parenting duties more effectively.
  • Mitigates Parental Alienation: By promoting ongoing contact and involvement with both parents, joint custody reduces the risk of parental alienation and helps maintain positive parent-child relationships.
  1. Disadvantages of joint custody in the UK:
  • Potential for Conflict: Joint custody arrangements may lead to ongoing conflict and disagreements between parents regarding parenting decisions, schedules, and other matters, which can negatively impact the child’s well-being.
  • Logistical Challenges: Coordinating schedules, transportation, and communication between parents in joint custody arrangements can be logistically challenging and may require significant coordination and cooperation.
  • Disruptions to Routine: Frequent transitions between parents’ homes in joint custody arrangements can disrupt the child’s routine, leading to stress or instability, particularly if parents live far apart or have different parenting styles.
  • Financial Implications: Joint custody may involve higher expenses for parents, including costs associated with maintaining multiple households, transportation, and childcare arrangements, which can strain financial resources.
  • Potential for Unequal Involvement: In some cases, joint custody arrangements may result in unequal involvement or engagement from one parent, leading to feelings of resentment or imbalance in the parenting relationship.

Overall, while joint custody in the UK offers numerous benefits for both parents and children, it also presents challenges that require careful consideration and proactive management to ensure the well-being of all parties involved. Effective communication, cooperation, and a focus on the child’s best interests are essential for successful joint custody arrangements.

Advantages and disadvantages of flexible custody arrangements in France
  1. Advantages of flexible custody arrangements in France:
  • Tailored to Child’s Needs: Flexible custody arrangements can be tailored to the individual needs and preferences of the child and parents, allowing for a more personalized and adaptable parenting plan.
  • Encourages Cooperation: Flexible custody arrangements often require parents to communicate, collaborate, and compromise effectively, fostering cooperation and positive co-parenting relationships for the benefit of the child.
  1. Disadvantages of flexible custody arrangements in France:
  • Complexity and Uncertainty: Flexible custody arrangements can be complex to implement and may require ongoing negotiation and adjustment, leading to uncertainty and potential conflicts between parents.
  • Potential for Inconsistency: Without clear guidelines or routines, flexible custody arrangements may result in inconsistencies in parenting styles, rules, and expectations between parents’ households, which can be confusing or unsettling for the child.
  • Communication Challenges: Effective communication and coordination between parents are essential for successful flexible custody arrangements, but disagreements, miscommunication, or lack of cooperation can undermine the arrangement’s effectiveness and stability.
  • Risk of Imbalance: In some cases, one parent may end up shouldering a disproportionate share of parenting responsibilities or experiencing feelings of exclusion or marginalization in the flexible custody arrangement, leading to resentment or strain in the co-parenting relationship.
  • Legal Uncertainty: Flexible custody arrangements may lack legal clarity or formal enforcement mechanisms, making it challenging to resolve disputes or enforce parenting agreements if conflicts arise between parents.

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Going to court

Going to Court in France

In France, it is not always compulsory to go to court for child custody arrangements. Parents are encouraged to reach agreements regarding custody, visitation, and other aspects of parental responsibility through mediation, or arbitration services provided by the Family social services Department (Aide Sociale à l’Enfance) or other mediators.

However, if parents cannot reach an agreement through these methods, or if there are significant disputes or concerns about the child’s welfare, they may choose to seek resolution through the family court system. In such cases, a judge gets involved to make decisions regarding custody, visitation, and parental responsibilities based on the best interests of the child.

So, while court intervention is not always compulsory, it may become necessary if parents cannot resolve custody issues independently or through alternative dispute resolution methods.

Going to count in the UK

You will need to go to Court if you’ve tried other options and still can’t reach an agreement or if you’re worried about the well-being of your child(ren).

At the first hearing, the judge will be able to see if there is a change for you to reach and agreement with your ex-partner. If you can reach an agreement, the judge will end the process by writing a consent order.

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