VISITING AND ACCOMMODATION RIGHTS

Access and accommodation rights

Visiting and accommodation rights :

-is set when the parents separate, either amicably or by a judge,

-and enables the visiting rights of the parent with whom the children do not reside to be organised. 

It is governed by the Civil Code (article 373-2-9) as " Where the child's residence is fixed at the home of one of the parents, the family court shall rule on the terms and conditions of the other parent's visiting rights. Where it is in the child's best interests, this visiting right may, by a specially reasoned decision, be exercised in a meeting place designated by the judge. ". 

Classically, this is a custody arrangement:

-every other weekend ;

-and half of the school holidays for the parent who benefits from this right.

But the organisation may be different and the form of the right of access can take place in a designated meeting place. Or with the assistance of a trusted third party.

Denial of access can take different forms (The visiting and accommodation rights regime) : 

This may therefore involve a situation where the parent who is entitled to it does not exercise his or her right. 

As this is a right and not a duty, it is not possible to force the holder of this right. However, the other parent may refer the matter to the Family court judge so that :

-the access agreement be amended,

-. or even that the share of maintenance payments be increased to take account of additional costs (childcare, food, etc.).

In the most serious cases (violence, neglect, dangerous lifestyle, endangering the child's life), access rights may be withdrawn. 

On the other hand, it may be a situation where :

-the parent with whom the children reside does not allow the second parent to exercise his or her visiting rights,

-Unlike a parent with access rights who does not return the children to their habitual place of residence. 

Offence of failure to present a child (The visiting and accommodation rights regime) :

In the latter two situations, the offence of failing to present a child is involved. Articlearticle 227-5 of the Criminal Code with the following sanction: " Unjustifiably refusing to represent a minor child to the person entitled to claim it is punishable by one year's imprisonment and a fine of 15,000 euros. ".

In the interests of the child, an amicable resolution between the parents should be sought. One of the parents may be required to pay a financial penalty if he or she does not respect the other's visiting rights. 

On the other hand, when :

-children are capable of discernment

-and do not wish access rights to be exercised in the manner established,

the latter have the opportunity to be heard by the judge.