Section actions
Duration: Mediation: 1–2 months; JAF decision: 4–12 months; Appeal: 6–12 months
Cost: Free justice; lawyer 1 500–5 000 € (legal aid according to income)
On-site only
Who this guide is for
Section actions
- You if you fail to reach an agreement with the other parent on custody
- If you want to change an existing JAF decision (change of circumstances)
- You if the other parent does not comply with an existing order
To be prepared in advance
Section actions
- Copy of the family record and birth certificate of the child
- Evidence: proof of residence, resources, child's school
- Testimonials (if applicable): teachers, neighbours, family
Step-by-step procedure
Section actions
- 1First try a family mediation: first free interview in MIR (House of Initiation and Responsibility) or approved association. In case of failure — enter the JAF.
- 2Find a lawyer in family law: legal aid is possible (revenue <的1 500 €/month — free, up to 的3 000 € — partial).
- 3File the application with the court in your department: cerfa 11530*03 (family claim). Indicate your applications (residence, visit, pension). Join the rooms. Free deposit.
- 4Convocation at the conciliation attempt hearing: the JAF is attempting a reconciliation — mandatory before the decision is made. If successful — minutes of agreement; if not — further to the procedure.
- 5Hearing before the JAF: both parents (with lawyers) present their arguments. The child can be heard if he or she is over 8 years of age and in his or her interest (sometimes through the juvenile judge or a specialist).
- 6Psychological expertise: in case of serious litigation, the JAF may appoint an expert (psychologist or child psychiatrist). Cost: 500–2 000 € (shared between parents), over 2–4 months.
- 7JAF decision (judgment): determines residence (usual or alternating), DVH, maintenance, terms and conditions. Notification by mail within 2–4 weeks.
- 8Appeal: Appeal to the Court of Appeal within 15 days of the decision. Appeal in cassation — only for errors of law. Time limit: 15 days.
- 9Enforcement: if a parent fails to comply with the judgment — penalty payment (fines), law enforcement through a commissioner. International Child Abduction - The Hague Convention 1980.
- 10Change: changes (movement, new circumstance) — new request. Do not change the situation alone.
Common mistakes
Section actions
- Do not attempt mediation — the JAF may refuse the request without this attempt in some cases.
- Do not prepare the exhibits (justifications, testimonies) — weaker arguments.
- To believe that the child chooses himself: his opinion is heard, but the JAF decides in the interest.
- Failure to comply with the existing judgment — severed, risk of losing custody.
- Do not file an appeal within 15 days — the decision becomes final.
Official sources
Section actions
Show sources in this section
Important remark
The procedure is governed by the Civil Code (Articles 373-2 and s.) and the Code of Civil Procedure. Indicative information; for your case, consult a lawyer.
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