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Under French Law, the child’s residence, also commonly refered to as child custody, refers to the place where your minor child will usually live. When parents separates, it is strongly recommended to seize the judge either amicably or through a judicial process to register the terms of the custody of the child. 

Consequently, should there be a problem in the future, there will be a court order to refer to. 

Such Court Order can always be modified if there is a change of circumstances in the conditions of one of the parents. 

The custody of the child can be governed by 2 different hypotheses:

The child’s residence, whether decided by a judge or by the parents, must above all be taken according to the child’s best interests.

If a Jaf, Family affairs judge, is required to rule on the residence of the child, he must in particular take his decision into consideration of the following elements:

Please note that the minor child capable of discernment is the child who can express a considered opinion thanks to his maturity and his degree of understanding, he can ask to be heard by the judge to give his opinion on his situation.

If your child usually resides with you and you are moving internationnaly, you must inform the other parent of your move in advance.

In the event of disagreement following this change, the parent who so wishes can contact the family court judge to have the child’s place of residence changed.

International elements in a divorce: a complex situation

A divorce procedure constitutes a demanding situation in which many questions arise both for the spouse who initiated the procedure and for the one who undergoes it:

what will be the fate of the couple’s children?

what will become of the family residence?

how will the couple’s assets be shared?

The complexity of this situation can increase when it encounters an international element.

Indeed, today there are many situations in which divorces have what we call an international element, which involves certain legal aspects related to foreign countries.

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