The right of access and of lodging is a right which is addressed to the parent who does not benefit from the care of the children. It can only be refused for serious reasons.
Right of Access and Accommodation: What is it?
The right of access and accommodation is a right addressed to parents who do not have custody of children. It is most often the fathers who benefit from this right.
The right of access and accommodation allows the parent who does not have custody of children, where the children do not reside, to receive them at home some weekends and part of the school holidays .
It follows from what has just been said that this right of access and accommodation concerns both married couples in divorce proceedings and unmarried couples who separate .
This right is granted by the family court judge, or by agreement between both parents . Note that parents rarely agree on the subject. It is therefore most often the judge who decides.
In practice: the right to visit takes place most often every second weekend and during half of the school holidays.
How to fix and modify the right of access and accommodation?
There are two possibilities:
1. Either the parents agree and jointly decide on the extent of access and accommodation (that is to say the number of weekends during which the parent holder will receive the child).
In case of agreement, the parents must mention the conditions of visit and accommodation in a parental agreement signed by both of them. The terms and conditions must be clearly drafted to avoid litigation afterwards.
Often the agreement is to give the non-custodial parent the right to receive them every other weekend and half of the school holidays. The judge then homologates the convention .
For it to be homologous, the terms of access and accommodation must respect the interests of the children and the rights of both parents . Parents can opt for alternate custody .
2. Or the parents do not agree. In these cases, it is the family court, through an order, which determines the place of residence of the children and the terms of the right of access and accommodation . The JAF can opt for alternate custody.
The right of access and accommodation can be modified at any time by the parents. Both parents may change the conditions for the exercise of access rights by mutual agreement .
What to do in case of refusal of access and accommodation?
The parent who enjoys the right of access and accommodation may renounce his right at any time . You can not force anyone to exercise a right. On the other hand, it is clear that this renunciation can lead to financial hardship for the parent who usually resides the children.
For this reason, the decision to waive the right of access and accommodation by the beneficiary parent must be communicated to the Family Justice Judge.
The JAF will remove the right of access and accommodation and increase the support to cover the extra costs incurred by the parent who has custody of the children.
Good to know: if the holder of the right of visit and lodging did not come to pick up his children, the other parent can leave after an hour wait at least.
The second scenario is more problematic: the parent who has custody of the children refuses to entrust the children to the other parent . This refusal is similar to a crime (the offense of non-representation of the child ) punishable by a prison sentence of one year and a fine of 15,000 euros . Incase of any help needed in legal procedure, family lawyer Toronto is best in the business.
It is an offense even if the children do not want to see their second parent or that second parent does not pay child support .
These penalties may be increased to three years’ imprisonment and a fine of 45,000 euros if:
- The children were held for more than five days in a secret place
- Or if children have been held out of French territory
The parent aggrieved in his right can file a complaint with the public prosecutor of the TGI of the homes of children to punish the parent who refuses to entrust him.