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Divorce French Style - lawyer/advice/help needed

Posted by harpo-187362 - Created: 15 years ago
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3 replies (Showing replies: 1 to 3)

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Posted by keith lincoln - 14 years ago

Can anyone give me the name of a good english speaking french divorce lawyer based in Paris? I urgently need one for advice.keith lincoln

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Posted by legend_in_my_lunchtime-182603 - 15 years ago

I agree with YJME - what do you mean by "a case like this" ?  Your posting is not very clear.   When you say "I want to get out with my son & daughter" are you saying that you want to have them judged as residing mostly with you and not with their mother?  Are you saying that you want to "get out" of France with your children?  Are your children old enough to ask them what THEY want?

As this is a very stressful experience, I'll not load you up with my personal opinions, just some relevant facts ;

There are 2 million solo parent families in France covering 3 million children under the age of 16.  In only 150,000 of those families do the children reside predominantly with the father.French courts are well known for favouring the mother when residency conditions for children are contested by both parents. Note the use of the word "residence".  French law does not have the anglo-saxon concept of custody.  In almost every case (except for clinical insanity or gross child abuse), BOTH of the parents will retain equal legal responsibility for all of their children.  This legal responsibility is exercised independently from the residence arrangements.a "fair proportion" of community property is considered as 50% by French courts when dissolving marriage without contract (whether marriage was in France or elsewhere).A very civil arrangement these days is "residence alternée" where the parents agree on equal access for residence (usually alternate weeks).  To be optimal, this requires cooperation between the parents but it can also be enforced by the Juge des Affaires Familiales in some contested residency cases.  In exceptional circumstances the children have a right to "attach" themselves to the divorce proceedings to request this option.For recommendation of a lawyer - things to take into account are which departement and town do you live in?, do you speak French well (and if not, need a lawyer who speaks good English)?, are you anticipating a amicable divorce or a contest?  If amicable - will you and your spouse be willing to share a lawyer?  If contested - has your spouse already chosen a lawyer?  Best to e-mail for details of a recommendation for a suitable lawyer according to answers to the above.

Good Luck to you and your family in this difficult time.

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Posted by yjme-181229 - 15 years ago

Hello

In a case like what exactly?   In most countries the mother is always favoured to have the children living with her except in dangerous or mutually agreed circumstances. French divorce law is very complex and very 'tight', you will need a lawyer without a doubt. It is very badly looked upon for foreigners to take children back to their own country without a properly structured system of visiting rights. I know there are a few men on here who will be able to advise you,( and perhaps women) but each case is very individual. Don't do anything rash because it could put you in trouble and not favour your asking for your children at all (please note I am not assuming you would by the way).  As for your property, again, you will need legal advice. I will try and send you contact names and numbers.