“Stay by me, I’m leaving” – child custody when one of the parents leaves the country of residence
Type de matériel :
- professional reason
- personal reason
- best interests of the child
- relocation
- Divorce
- agreement
- separation
- residence of the child
- principle of co-parenting
- professional reason
- personal reason
- best interests of the child
- relocation
- Divorce
- agreement
- separation
- residence of the child
- principle of co-parenting
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Making the decision not just to separate but also to move abroad means taking the risk of having one’s child’s place of residence assigned to the home of the other parent in the event of separation. The following analysis of French case law over custody illustrates the underlying theme of sanctioning the parent who removes the child from their living environment and disregards the other parent’s rights. The parent moving away and thus obstructing the continuation of alternating custody or the right to visit and accommodation of the other parent thus runs the risk of losing the benefits of the rights conferred on them regarding the child’s place of residence. Through a comparison of rulings on the matter, the author, a lawyer specialising in family and property law, proposes to establish a matrix for reflection to help divorced or separated parents anticipate the issues inherent in a proposed move and establish the steps to be taken to retain their child’s place of residence.
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