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Parental separation is always a traumatic ordeal for children.\u00a0In the past, divorce was inconceivable, especially for this reason.\u00a0Another time, another mores: the collective conscience finally admitted that insisting on the maintenance of a union doomed to failure is harmful for the family.\u00a0Experience also teaches that second marriages sometimes progress better than first ones.\u00a0Family matters are sensitive, especially when children are involved.\u00a0Hearings are held behind closed doors.\u00a0Child custody case law is distinct from court case law in general and divorce case law in particular.\u00a0Consideration of the interests of the child is the main\u00a0<\/span>reason<\/span><\/a>\u00a0for this .<\/span><\/p>\n On this point, the case law is remarkably consistent.\u00a0She describes the interests of the children as “supreme”.\u00a0And that’s not about to change.\u00a0In the case of a divorce for fault in particular, it is not necessarily the recognized victim spouse who will have custody of the children.\u00a0The family affairs judge (JAF) will carefully examine the file to find out which of the spouses will be best able to raise the child.\u00a0The personality of the parents is not the only parameter considered.\u00a0Various particular situations can influence the judge’s decision.\u00a0For example, if the mother is in a relationship with a violent drunk, it is very likely that she will not obtain custody of the children!\u00a0Moreover, to know whether to grant sole custody or joint custody, it is always the \u201csupreme\u201d interest of the child that takes precedence.\u00a0Sole custody is especially preferred if the other parent is deemed unfit to raise the child, even temporarily.\u00a0In some extreme cases, the right of access could even be restricted.\u00a0Recently (in 2014), the Court of Cassation decided that the hearing of a 12-year-old child would henceforth be authorized.\u00a0This jurisprudential development makes it possible to validate the testimony of children.\u00a0Sometimes, the interventions of psychologists, the testimonies of parents and their entourage, as well as the pleadings of lawyers are not enough.\u00a0Children find themselves, in many cases, in the heart of the eye of the storm.\u00a0They sometimes witness violence, without being able to act.\u00a0The hearing of a child of about twelve years old is reinforced by the consideration of his testimony for the judge’s decision.<\/span><\/p>\n The family court judge, as required by law, must first proceed to the conciliation of the spouses.\u00a0The civil code provides that the judge receives each of the spouses separately.\u00a0Part of the conciliation procedure is done without the presence of the lawyers.\u00a0In practice, the majority of conciliations fail.\u00a0The lawyer and the family court judge know this reality very well.\u00a0The lawyer has the heavy task of pleading on the precautionary measures that will govern the situation of the family until the divorce is pronounced.\u00a0The conciliation hearing is confidential and all the words spoken, even insulting ones, cannot be held against their author.\u00a0However, the behavior of the parents will help the judge to get an idea of \u200b\u200bthe personality of the spouses.\u00a0listening to them,\u00a0the judge will be able to get to know the case better and begin to form what is called an \u201cinner conviction\u201d.\u00a0However, the judge will not rush.\u00a0What he was able to learn about the spouses and the realities of their married life will be useful to him during the trial.\u00a0We speak of \u201cintimate\u201d conviction: the judge will never mention the idea he has of the spouses during the conciliation procedure, this procedure must be confidential.\u00a0However, his idea will influence, in silence of course, his decision at the end of the trial.\u00a0the judge will never mention the idea he had of the spouses during the conciliation procedure, this procedure must be confidential.\u00a0However, his idea will influence, in silence of course, his decision at the end of the trial.\u00a0the judge will never mention the idea he had of the spouses during the conciliation procedure,\u00a0this procedure must be confidential.\u00a0However, his idea will influence, in silence of course, his decision at the end of the trial.<\/span><\/p>\nThe state of child custody case law<\/span><\/h2>\n
\u00a0The JAF way of doing things<\/span><\/h2>\n