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Paragraph 2: Exercise of parental authority by separated parents

Article 373-2 of the French Civil Code

The separation of the parents has no effect on the rules governing the devolution of parental authority. Each of the father and mother must maintain a personal relationship with the child and respect the child’s ties with the other parent. To this end, by way of exception, at the request of the person directly concerned or the family court judge, the public prosecutor may request the assistance of the police…

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Article 373-2-1 of the French Civil Code

If the interests of the child so require, the judge may entrust the exercise of parental authority to one of the two parents. The exercise of rights of access and accommodation may only be refused to the other parent on serious grounds. When, in accordance with the interests of the child, the continuity and effectiveness of the child’s ties with the parent who does not exercise parental authority so require,…

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Article 373-2-2 of the French Civil Code

I.-In the event of separation between the parents, or between the parents and the child, the contribution to the child’s maintenance and education takes the form of maintenance paid, as appropriate, by one of the parents to the other, or to the person to whom the child has been entrusted. The terms and guarantees of this maintenance are laid down by : 1° A court decision; 2° An agreement approved…

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Article 373-2-3 of the French Civil Code

Where the nature of the debtor’s assets allows, maintenance payments may be replaced, in whole or in part, by the payment of a sum of money to an accredited organisation responsible for granting the child an indexed annuity in return, the relinquishment of usufruct property or the allocation of income-producing assets, under the terms and guarantees set out in the decision, deed or agreement referred to in 1° to 6°…

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Article 373-2-5 of the French Civil Code

A parent who assumes primary responsibility for a child of full age who is unable to support himself or herself may ask the other parent to make a contribution to the child’s maintenance and education. The judge may decide, or the parents may agree, that all or part of this contribution is to be paid into the child’s hands.

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