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PacisLexis Family Law
DIVORCE & SEPARATION
Ex-partner is refusing to leave the family home
When getting a divorce, spouses stop living together.
Most of the time, it’s a normal breakup process.
However, sometimes a partner refuses to leave the family home. This situation can become quickly tricky and also can lead to domestic violence.
Lawyer for dads
The issue of fathers’ rights in family courts is a complex and often contentious area of law, significantly impacting the lives of children and parents alike.
With growing recognition of the importance of both parents in a child’s upbringing, legal systems in various countries have evolved to address these concerns more equitably.
This article explores the legal landscape for fathers in family courts, focusing on the UK and France.
By examining questions around legal aid, parental rights, custody arrangements, and the nuances of parental responsibilities and restrictions, we aim to provide a comparative analysis that sheds light on how each country supports fathers in their roles.
Effects of divorce on children
Divorce is a complex and multifaceted process that can have serious impacts, particularly for the children involved. In France, where divorce rates have risen steadily over the years, there is a growing recognition of the need to understand and address the effects of divorce on children.
PacisLexis Family Law
CHILD LAW
Child custody
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.
Third party and grandparents rights
When families break down, a minor can find himself in a middle of conflicts and distanced from their relatives and siblings such as the grandparents.
Parents have parental responsibility for their child(ren) opposed to grandparents who don’t automatically have parental responsibility and they are referred as third parties.
Surrogacy
Surrogacy, also known as surrogacy or “GPA” (Gestation Pour Autrui), involves a contractual arrangement between a woman, commonly referred to as a “surrogate mother,” and a couple known as the “intended parents.”
In surrogacy, a couple can hire the services of a surrogate mother to carry and give birth to a child on their behalf. Subsequently, the surrogate mother relinquishes custody of the child to the intended parents upon the child’s birth.
PacisLexis Family Law
Criminal family law
Separated parents choosing school
Deciding on a school for a child can be a complex issue for any parent, but when parents are separated, the process can become even more challenging.
In France, choosing a school for a child involves not only practical considerations but also legal obligations.
Choosing a school for a child is one of the most significant decisions that parents make, and it becomes even more complex when parents are separated. In France, as in the UK, both parents must share the responsibility and agree on their child’s schooling. If disagreements arise, mediation is the preferred first step, but court intervention may be necessary if no agreement is reached. Financial responsibilities, parental rights, and the child’s best interests must all be considered carefully in these situations.
Child abduction
What is child abduction?
“L’enlevement parental” or child abduction in English is when a person takes a minor out of France without the consent of those with parental responsibility.
It can be a child’s parent.
“l’enlevement parental” is not a legal word, only abduction is and is a criminal offence in France.
When child abduction is suspected, you must react quickly. Child abduction is a sensitive and complex matter that can cause stress and anxiety for everyone involved.
It’s important to note that in France, parental responsibility is shared. You do not need the other parent’s agreement to take a child abroad.
Protection orders
In France, a protection order or restraining order is known as “ordonnance de protection.” It is a legal measure made to protect victims of domestic abuse or harassment. This order can be issued by a judge and may include a range of provisions to ensure the safety and well-being of the person who has been subjected to abuse or threats. The specific provisions of a protection order can vary based on the individual circumstances.
PacisLexis Family Law
Financial matters
High net worth divorce
Divorcing is financial and time consuming and is also emotionally difficult.
In France, high net worth divorces are more complex due to the nature and size of the assets but also depending on the matrimonial property regime chosen in the first place.
Moreover, in a high net worth divorce, spouses have become used to a high standard of living too and their needs and expectations are thus different to a standard divorce.
As the expectations are higher, disputes can also be more important.
Civil partnership agreement
What is a PACS in France?
PACS stands for civil partnership between two people who do not wish to get married but look for a legal recognition. PACS is available to both same-sex or opposite-sex couples.
In France you can go to your town hall to register a PACS but also to bring it to an end whenever you want. In England to end a civil partnership, you have to wait until it has lasted for at least a year.
Calculating child maintenance payments
Child maintenance calculations can vary between countries, and both France and the UK have their own systems for determining child maintenance payments.
United Kingdom (UK):
In the UK, child maintenance payments are typically determined by the Child Maintenance Service (CMS), which is a government agency. The CMS uses a formula to calculate the amount of child maintenance that the non-residential parent (the parent who doesn’t have the main day-to-day care of the child) should pay. The formula considers factors such as the non-residential parent’s gross income, the number of children involved, and the number of nights the children spend with the non-residential parent.
PacisLexis Family Law
LEGACY
How to contest a will
Will definition
A will, also known as a last will and testament, is a legal document that expresses an individual’s wishes regarding the distribution of their property, assets, and the care of any minor children upon their death. The person creating the will is known as the “testator” (or “testatrix” for a female), and they outline specific instructions for how their estate should be handled after their death. With a will, a testator is then free to choose their beneficiaries.
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PacisLexis Family Law