In case of divorce, how to organize the child's life?

The right of access and/or accommodation laid down in the judgment or the convention parental allows the child to spend time with the other parent.

There is no procedure to oblige this parent to exercise his right of access and accommodation. You can report it in a handrail registered with a police station or gendarmerie. This can be useful if you have a dispute with the other parent.

When the parent no longer exercises his right of access and accommodation, you can enter the JAF: titleContent an application for an increase in maintenance. Indeed, you are responsible for the child more often than is provided for in the parental judgment or agreement.

The right of access and accommodation fixed by judgment or in a convention must be exercised.

However, it does not exist no legal sanctions or proceedings to oblige the parent to take the child.

In the best interests of the child, you can notify the other parent if you do not exercise your right of access and accommodation (for example, to prevent the child from being left alone after school).

You may not be deprived of your right of access and accommodation.

Failure to hand the child over to the parent who wishes to exercise his or her right is an offense of non-representation of a child. He is punished for1 year of imprisonment and €15,000 of fine.

You can report it in a handrail or wear complaint at a police station or gendarmerie.

If a public holiday or unemployed person falls before or after a weekend where you have the child and if nothing is specified in the judgment or the conventionHowever, it is customary for this day to be part of the weekend.

The exercise of the right of access and accommodation during school holidays is independent of the rules of alternating weekends: the weekend system no longer applies.

The school holidays start after the last course of the days indicated in the official calendar. The resumption of courses takes place on the morning of the days also indicated in the official calendar:

Know your department's school holiday calendar

You can choose free to go abroad (Europe and non-Europe) with your child. The other parent may object if there is a risk that the child will not return. This is a conflict of parental authority over a child's departure from the territory.

If there is a risk that the child will not return to French territory, you can enter the JAF: titleContent on which the child's habitual residence depends. The judge may make an order travel ban from France (IST).

In case of emergency, you can get a opposition to exit from French territory (OST).

When the other parent does not notify you whether or not they are picking up the child or frequently arrive late, you can ask the JAF: titleContent only one advance notice period be put in place. This period may be provided for in a convention parental.

The advance notice period is a period after which the other parent may consider that the parent entitled to access and accommodation will no longer exercise his or her right. For example, if the judgment or agreement provides that the other parent must notify you the Wednesday before the weekend if he or she will pick up the child and does not do so, you may consider that the other parent has waived his or her right of access and accommodation.

For school holidays, the warning period can be 2 months before the big summer holidays and 1 month before the small holidays. This allows the parent with whom the child has his or her habitual residence to arrange accordingly for the booking of holidays or the child's care.

Judgment or convention Divorce rules which parent must provide the child's journey (for example, split the journey by half or a parent who picks up the child from the other parent's home).

If nothing is planned, it is customary that the parent who exercises access and accommodation must collect and return the child to the other parent.

The judgment may also provide that a third party (grandparent, new partner...) will pick up the child or take him back to the parent's home.

In case of conflict, you can try to find an amicable solution with a family mediator. Alternatively, you can enter the JAF: titleContent on which the child's habitual residence depends.

Judgment or convention of divorce provides for which parent is to bear the cost of transportation.

If nothing is planned, it is customary that the parent who exercises his right of access and accommodation bear the child's transport costs.

In case of conflict, you can try to find an amicable solution with a family mediator. Alternatively, you can enter the JAF: titleContent on which the child's habitual residence depends.

The parent who has the child's habitual residence can move freely. You must inform the other parent of your new address by any means.

The other parent can't object to your move.

If the right of access and accommodation or alternating custody can no longer be exercised because of the distance between your homes, you can enter the JAF: titleContent or establish a convention to set new rules.

Where the judgment provides that you must pick up or return the child to the home of the other parent, that judgment applies regardless of the new home of that parent.

For example: the judgment was handed down while the other parent was living in Metz. He moved to the village of Doncourt-aux-Templiers. You must not go to the address listed in the judgment (Metz), but rather the one where your child actually lives (Doncourt-aux-Templiers).

During weekends and holidays, you can freely choose the place of accommodation (at home, at the hotel, with members of your family...).

The same applies to your child's activities (for example: enrolling him in an airy center, in a summer camp, in a sports or language course).

Optionally, you can notify the other parent of the child's location. In an emergency, this allows the other parent to pick up the child from your vacation location (for example, if you are hospitalized after a fall).

If you're not completely available to exercise your right of access and accommodation, you can entrust your child to a third party. For example, if you have work obligations, you can ask grandparents, your new partner, a maternal assistant, or an airy center to take care of them.

Similarly, if you have difficulty picking up or returning the child to the other parent, you can ask a third party to take care of it if the judgment or convention allows it.

It is customary in the best interests of the child that his clothes, shoes, toiletry bag can be given to the other parent when he changes residence. Clothing and footwear should be suitable for its size and climatic conditions, be in good condition and in sufficient numbers.

The child's luggage should contain the necessary for the child's stay, depending on its duration, age,...

The parent exercising access and accommodation may also have business for the child.

Equipment for the usual activities (clothes and shoes adapted to the sport that he practices, musical instrument...) must also be given.

In case of medical treatment, the necessary medicines and medical equipment should be provided to the other parent.

All the child's belongings must be returned to the parent with whom the child has his or her habitual residence at the end of the weekend or holiday.

The child holds the following administrative and medical documents:

• Identity card
• Passport
• Health record book

They must be given to the custodial parent when the child changes residence, whether it be during alternate care, for the weekend or for the holidays.

The handing over of these documents is necessary for the proper exercise of parental authority.

They must then be returned to the parent with whom the child usually resides, at the same time as the child.

All the documents necessary for the practice of your child's activities (sports license for a competition, insurance certificate...) must also be given to the other parent.

During school holidays, maintenance must be paid in full even if the child is on holiday with the contributing parent.

You encounter difficulties with the other parent regarding the exercise of alternate custody or rights of access and accommodation.

You can call on a family mediator by addressing your Caf: titleContent or the court on which the child's habitual residence depends.

If the mediation is not successful, you can enter the JAF: titleContent so that he'll give a decision on the dispute between you.

When a judgment is rendered but the parents subsequently find a new agreement, they can establish a convention parental. This convention must be approved by a JAF to have the same legal value as a judgment. In the event of a conflict, if the agreement is not validated by a JAF, the provisions mentioned in the original judgment apply.

When the parent no longer exercises his/her right of access and accommodation, you can apply to the JAF for an increase in support. Indeed, you are responsible for the child more often than is provided for in the parental judgment or agreement.

It may be necessary to modify the right of access and accommodation or alternating custody in the event of a change in the parents' living conditions. For example, a move, a new job, family or health problems.

The lawyer is not required to file a complaint with the JAF: titleContent. If you wish, you can call on a lawyer.

If you don't have enough income to pay for the lawyer, you can apply for legal aid.