The Family Court Judge may make a decision on a parent's rights of access and accommodation to his or her minor child even if only one parent has made a proposal in this regard.
A father brought an action before the family court to arrange for the exercise of parental authority. On appeal, the child's habitual residence was established with the mother. The father's right of access and accommodation was set as the mother proposed. The father had not asked for any information on the terms of his right of access if the child's residence was to be fixed with the mother. The father complained that the Court of Appeal had fixed his rights solely on the mother's proposals and had not invited him to submit his observations beforehand.
According to article 373-2-9 of the Civil Code, when the residence of the child is fixed at the home of one of the parents, the family court decides on the modalities of the right of access of the other parent.
Consequently, the Court of Cassation confirms that the appeal judge, determining the child's residence with the mother, must properly rule on the father's rights of access and accommodation. She pointed out that the Court of Appeal did not have to invite the father to comment on the matter because the mother had already introduced the issue into the proceedings.
