- How to manage alternate custody or access during this period of confinement due to the new coronavirus? Many readers of 20 Minutes wonder
- During the confinement period, the right of access and accommodation for children continues to apply. Separated parents can pick up, drop off or bring their children to the other parent.
- The right of access and accommodation must, however, be exercised “while respecting the barrier gestures as well as the following instructions, insists the Minister of Justice: limit the movements of the child, in particular over great distances; avoid the child taking public transport to go from one parent's home to another; avoid being in contact with vulnerable people ”.
This is a question which is made all the more pressing since the spring holidays started on Friday evening (at least for zone C). How to manage alternate custody or access during this period of confinement due to the new coronavirus? Many readers of 20 Minutes wonder and ask us what they should do:
"My ex-husband lives at 1 h 20 from my home, can we practice alternate custody when we do not live in the same department? »Marie
"Can I pick up my daughter, who lives 70 km from my house?
It's my turn to have it on the grounds of alternate custody. "Le Gonidec
“The school holidays have started. Are we allowed to deposit our children, in application of a judgment, in another region? (one parent in Normandy, the other in the Bordeaux region, so halfway, in Tours) »Heuzé
“My 13 year old daughter is with her mother in Toulouse. I live in Gaillac, and I have custody rights. For the spring break, I had to have it at home for a week: is that questioned? »Rucel
Here are the answers we found:
During the confinement period, "children's access and accommodation rights continue to apply", indicates the Ministry of Justice on this page. Marlène Schiappa, Secretary of State for Gender Equality, confirmed on Tuesday March 17: “Separated parents can pick up, drop off or take their children to the other parent.” The decree of March 16, 2020, regulating travel as part of the fight against the spread of Covid-19, thus authorizes "travel for imperative family reasons, for assistance to vulnerable persons or for childcare" , indicates at 20 Minutes Sophie Binet, lawyer at the Paris bar, specialist in personal and family law.
📥 To answer the question that has been asked (legitimately) hundreds of times:
Yes, separated parents can pick up, drop off or bring their children back to the other parent.
Cc @gouvernementFR # COVID19france #Parents #confinementtotal
Barrier gestures and best interests of the child. The right of access and accommodation must, however, be exercised “while respecting the barrier gestures as well as the following instructions, insists the Minister of Justice: limit the movements of the child, in particular over great distances; avoid the child taking public transport to go from one parent's home to another; avoid being in contact with vulnerable people ”. This last point may indeed be a reason for non-compliance with the exercise of the right of access and accommodation and with the organization of the children's alternate residence. What Sophie Binet has already had the opportunity to underline on The Blog for separated parents.
Beware of abuse. "Many parents worry that the other parent does not respect confinement or that, by his profession, he is in contact with people who may be contaminated, and therefore he too becomes ill, reports the lawyer. It can be nursing staff, police officers, nursing home managers, paramedics, etc. The prevailing principle is the best respect for the best interests of the child. Therefore, if one of the parents considers that there is a risk for his child, he can invoke the best interests of the latter. "
Sophie Binet calls for a certain flexibility, in this context: “Current containment measures can be, for some, a“ good excuse ”to try to deprive the other of the exercise of his parental authority. So be careful that this situation does not turn into abuse! "
Reminder, brought by the Ministry of the Interior on its site: "It is prohibited by law to refuse without legitimate reason to hand over a minor child to the person who has the right to see him. It is an offense punishable by one year imprisonment and a fine of € 15,000. If the situation gets stuck, "using a mediator can allow you to find an agreement for the confinement period". Many family mediation services continue to offer their service by telephone or videoconference, as well as certain mediating law firms. "Otherwise, and if you think that this refusal is not justified by compliance with health regulations, you can file a complaint after the confinement period. "
Derogatory travel certificate. Regarding the trip itself, you must have the special certificate and check the box for trips for compelling family reasons, for assistance to vulnerable people or childcare. "As a precaution, parents are also advised to bring their judgment or the divorce agreement, which specifies the custody arrangements for their children," advises Me Sophie Binet.
If no measure has yet been put in place between the parents, a simple exchange of emails, fixing the parents' agreement could suffice. Anyway, there must be a written record, verbal agreements are not valid.
Our parent file
Common sense. Regarding the geographic distances between the two homes, if they are very important, the parents are invited to use common sense, advocates the lawyer: "It is probably better for a parent to keep the child longer , to limit movement and prevent the spread of the virus. He could then propose to the other parent to "make up" for the time that he has not been spent with his child subsequently. "A work-study residency every week can provisionally be replaced by a work-study arrangement every fortnight, suggests the Ministry of Justice.
So that you can see more clearly, 20 Minutes is trying to answer your questions, which you can send us by following the procedure below. And don't forget to leave your email. Thank you in advance (and take care of yourself)!
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