Consequence of Divorce

Divorce allows the rights and duties of the parents towards their children, to subsist.

The Court rules on the custody of children and takes into account primarily, the best interests of the child

CUSTODY

Custody of children under the age of five will always be attributed to the mother unless, in exceptional circumstances where the child’s safety may be at risk.

The parent who has not been granted custody of the child, retains the rights to supervise their maintenance and education and contributes to this in proportion to his/her resources (alimony).

Where the Divorce has been granted by way of Mutual consent, both parents may set out their terms on custody, visitation and ‘droit d’hebergement”

Visitation rights & droit d’hebergement

The parent who has not been granted custody of the child can seek visitation order and ‘droit d’ hebergement’ from the Court.

This will allow the parent to visit and accommodate their child to stay overnight with them.

Visitation and ‘droit d’hebergement’ can be carried out on alternate weekends. school holidays and religious festivals can be split between both parents too.

Visitation rights and ‘droit d’ hebergement’ will only be refused for serious reasons such as the safety of the child.

FACTORS CONSIDERED BY THE COURT

• Best interests of the child
• Agreement made between spouses
• Feelings expressed by minor children
• A favourable report from a psychology regarding the state of the child
• A social inquiry report.