Can shared custody be ordered even if one spouse opposes to it?
Published on :
19/05/2025
19
May
May
05
2025
Traditionally in France Custody over children was given to the mother.
The father would have a visitation right usually two weekends a month plus half of the school holidays.
Sometimes, the father was granted an extra visitation day during the school week.
The father would have the obligation of paying child support to his ex-wife.
During the last twenty years shared custody has become more the norm in France.
Even if the other spouse does not agree, shared custody will be granted if it is possible from a practical point of view.
For shared custody to be granted:
- parents must live sufficiently close to each other to allow the child to go to school and leisure activities without too much hassle,
- both parents have a professional activity compatible with education of children (for instance: not implying night work or lots of traveling).
There will be no obligation of payment of child support unless there is a very substantial difference of income between parents.
History
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Can shared custody be ordered even if one spouse opposes to it?
Published on : 19/05/2025 19 May May 05 2025Firm newsFirm news / INTERNATIONAL FAMILY LAW IN FRANCE
Traditionally in France Custody over children was given to the mother. The father would have a visitation right usually two weekends a month plus half of the school holidays....
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Does the Judge consider the opinion of the children before deciding which parent will have custody?
Published on : 19/05/2025 19 May May 05 2025Firm newsFirm news / INTERNATIONAL FAMILY LAW IN FRANCE
The child can testify in Court if the Judge believes he/she is in age of having a point of view. French Judges usually admit this capacity from the age of 7 or 8, depending on t...
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How is the amount of child support determined by the Judge?
Published on : 19/05/2025 19 May May 05 2025Firm newsFirm news / INTERNATIONAL FAMILY LAW IN FRANCE
Support is paid in the form of monthly instalment by the parent who does not have custody to the one who does. In case of shared custody, the Judge will only rarely grant sup...
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Spouses wishing to divorce French Courts, no longer must travel to France to be divorced.
Published on : 19/05/2025 19 May May 05 2025Firm newsFirm news / INTERNATIONAL FAMILY LAW IN FRANCE
From the 01 January 2021, divorce procedure in France is substantially simplified for spouses connected to France but with some international element, for instance married in Fr...