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La société d’avocats Damy

La Société d'avocats Damy à Nice assure une prestation de haut niveau, de la consultation d’un avocat à la représentation en justice. Les avocats du cabinet sont compétents en droit des affaires, des sociétés, droit immobilier, droit bancaire, droit social, droit des victimes et cas de dommages corporels. Membre de l’Association des avocats praticiens en droit social, Maître Grégory Damy dispose de certificats de spécialisation.  

When parents separate, the issue of custody and residence may arise. It is a difficult decision to make. Is it first possible to test a mode of residence to be sure of one's choice? Are there any conditions to be met?

Yes, for the alternate residence

The law provides for the possibility of a probationary period only for alternating residence, i. e. when the child's residence is fixed on an equal footing alternately at the domicile of each parent. The probationary period is not a mandatory step for the family court judge, it is only one of the possibilities offered by law. The judge can therefore determine the mode of residence without a probationary period. The probationary period is at the request of one of the parents, or in case of disagreement between them. In practice, the trial period possibilities for a residence mode are wider. In fact, the judge may fix a temporary residence in the event of an expert report or social inquiry, pending the report of the expert or social investigator.

What conditions must be met?

If no conditions are laid down in the texts, criteria emerge from the case law to be able to test the alternating residence: the family court judge will look at the reception conditions and the proximity of the parents' homes. He will also check their ability to organise themselves (for example, for their working hours), and verify the age of the children because this type of residence is still criticized for very young children. Alternating residences on a trial basis is above all a means of encouraging parents to reach a consensus. During this period, the judge can order the parents to meet with a family mediator in order to re-establish the dialogue. He hopes that the parents will find a solution on their own with regard to the practical implementation of the alternate residence.

How long is the probationary period?

There is no statutory minimum or maximum duration. It is up to the family court judge to decide on the duration. He issues an order with a new hearing date, at which time the mode of residence will be discussed again. Generally, the probationary period lasts between 6 and 9 months. This length of time often depends on the circumstances of the case. For example, the time of the sale of the conjugal home to see if the parents will stay close to each other, or the time of the school year to stick to the child's calendar and not disturb him/her in his/her schooling.

What happens at the end of the trial period?

The parents report to the judge what happened during this trial period: what worked well or, conversely, what did not. The child may be heard by the family court judge. At the end of the period, the judge either validates the mode of residence or decides to change it. Any decision concerning the mode of residence of a child is never final and may be modified in the event of a new element. The parent then seizes the judge who re-examines the situation.

Lawyers' Society DAMY, Nice, Separation: can we "test" the residence of the child? Update 2017.