Children and parental responsibility
Residence, contact, child maintenance and relocation.
Both parents generally keep parental responsibility after separation. Without agreement, the family judge sets residence, contact and child maintenance. We handle relocation and cross-border cases.
Frequently asked questions
Is alternating residence automatic?
No. The judge orders it if it is in the child's interest, taking into account in particular how close the parents live, the child's age and the parents' ability to communicate.
How is child support calculated in France?
The contribution to the child's maintenance and education is set according to each parent's resources and the child's needs. The Ministry of Justice publishes an indicative reference table, which the judge is not bound to follow. The amount is normally indexed every year and, when set by an enforceable title, it is paid through the family allowance fund (CAF or MSA) under the financial intermediation system, save for exceptions.
Official source: Service-Public.fr (official page)
What can I do if child support is not paid?
When support is paid through financial intermediation, the state maintenance recovery agency (ARIPA) can take recovery action. The receiving parent can also instruct a judicial officer (direct payment from the employer, attachment of earnings). Failing to pay support for more than two months is also the criminal offence of family abandonment (abandon de famille), for which a complaint can be filed.
Official source: Service-Public.fr (official page)
Can a parent move away with the child without the other parent's consent?
Both parents keep parental authority after separation. Any change of residence by one parent that affects how parental authority is exercised must be notified to the other parent in advance and in good time. In case of disagreement, the family judge decides in the child's best interests and may allocate travel costs. Taking the child abroad without the other parent's consent may amount to international child abduction.
At what age can a child choose which parent to live with?
There is no age at which a child decides alone. Any minor capable of discernment can ask to be heard by the judge in proceedings that concern them; their views are taken into account, but the judge decides according to the child's best interests. In a divorce by mutual consent, if a child asks to be heard, the divorce must go before a judge.
Official source: Service-Public.fr (official page)
