In the event of separation of parents, the exercise of rights of access or accommodation sometimes poses difficulties. In order to guarantee the effective surrender of the child and to avoid any contact between the parents when the context is conflicting, a decree published in Official Journal on july 30, 2020, this process can be conducted with the assistance of a trusted third party and in a designated location. It is then the judge who organizes it.
In the interests of the child or where the direct surrender of the child to the other parent presents a danger to one of them, the judge may appoint a trusted third party or the representative of a qualified legal person to carry out this task, on a joint proposal from the parents or one of them and with the written agreement of this person. He shall then determine the detailed rules for the measure and its duration.
The judge may also choose the meeting place in which the child will be handed over.
Parents (or one of them) will have to contact the person responsible for this space in case of breach of the trusted third party.
The judge may at any time change his decision, of his own accord, at the request of the parties or of the public prosecutor.
