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Divorce And Children: The Homework Of Parents

All About Divorce By Mutual Consent

Divorce and children: divorce should not put the child at the center of the conflict.

Parents have a duty to make sure that their decision to separate and the measures concerning their children will be taken into consideration for their interest with the constant concern to leave them outside the adult conflict.

Agree To Share Parental Authority

Parents must realize that, despite their separation, they must continue to be close to their children and remain attentive to their evolution.

With the exception, parents are jointly invested with parental authority. Parental authority is a set of rights and duties whose purpose is the best interests of the child until the age of majority.

In any case, the Family Court Judge  (when intervening in the divorce proceedings) will take care to safeguard the interests of the children, a fundamental principle that will govern the decisions that he or she will take during the procedure.

In spite of the divorce procedure, the parents both remain responsible for their child, for whom they must continue to ensure development and education together.

None of the parents should be excluded by the other decisions concerning children. Each parent must be able to maintain regular relationships with their child. Thus, each parent must be able to obtain the notebooks of their children from schools and participate in their orientation, participate in the choice of medical treatment, an educational method, a religious practice, an instrument, the exercise of a sport.

Some Cases Of Non-Shared Parental Authority

However, if the interest of the child orders it, the judge can entrust the parental authority to only one of the parents  :

Cases Of The Unilateral Exercise Of Parental Authority Remain Quite Rare.

This is the case when one of the parents has failed seriously in his duties and obligations towards the child (violence, sexual assault, alcoholism, incarceration …): he will however retain the right to be informed about the life of his child.

Supporting Children’s Needs Beyond Divorce

Finally, each of the divorced parents must contribute to the maintenance and education of the children according to their resources, their expenses, those of their ex-spouse and the needs of the children: this contribution is due beyond their majority until they receive a regular income equivalent to the SMIC.

In the event of disagreement on the modalities of the parental authority, the judge in family matters will settle the existing conflicts.

Divorce And Children: The Children’s Residence

Parents should in principle be able to determine together the place of residence of their children. Children should be involved in this decision based on their age and maturity.

Residence, An Often Conflicting Issue

Unfortunately, the determination of their residence is all too often a matter of discord between parents to the detriment of children.

The Judge Tries To Reconcile The Parents:

He may offer them a mediation measure or order them to meet a family mediator who will inform them about the purpose and conduct of this measure, which does not constitute an obligation.

In the absence of agreement, the family court judge will decide the difficulties according to the interests of the children with the concern of not separating them from their brothers and sisters except if their interests order another solution.

Before making his decision, the judge may wish to be enlightened on the moral and psychological situation of the family:

He will then order a medico-psychological investigation of the parents and children by appointing a psychiatric expert and/or a psychologist who will prepare a report containing their findings.

A social inquiry can also be carried out by the social services at the request of the judge anxious to know the material situation of the family.

Their findings, recorded in a report, will be communicated to the parties who will then be able to comment and even request counter-expert measures.