Children

It is usual for parents to share parental authority for their children after the divorce. Exceptions can be made when you submit a joint request, or if one party requests that in the interest of the child the parental authority be assigned to only one of the parents. In principle, the objective is to continue the joint responsibility that the parents had for their children during the marriage, beyond the divorce.  It is advised that you share parental authority.

Shared parental authority

In the event of continued shared parental authority, the responsibility for the children’s upbringing is shared. The parent in whose home the children live typically takes decisions regarding children.

Monarchical custody

If shared parental authority is not continued, the parent not having parental authority has visiting rights, and a right to information and consultation. Fixed visiting rights are recommended as they offer parents and children certainty.

Children over 12 years of age have been able to give the court their opinion regarding agreements over parental authority and visiting rights. Children between 12 and 18 years of age can be summoned by the tribunal. However the appearance of children over 12 years of age before the judge can be avoided if your child completes and signs the statement drafted by me, which renders their attendance or any message to the Court unnecessary. Submitting the statement from the child also avoids any delay to the proceedings. Because of this, these steps apply only where there is agreement on parental authority, child support and visiting rights for children over 12 years.

View the child’s statement. Click here.

Shared upbringing

Shared upbringing goes much further than shared parental authority. Shared upbringing means that both parents are involved in their children’s daily lives. They must be able to agree on the division of time, costs, the choice of school, surgical operations, holidays, etc. and to abide by these agreements.

View an example of a shared upbringing agreement. Click here.

Parenting plan

For all divorces which involve children, a parenting plan must be submitted which contains a minimum of agreements on:

1. The distribution of daily tasks and upbringing, or visiting rights and requirements
2. Information and consultation regarding important issues, including the children’s financial assets
3. Distribution of education and maintenance costs.

View an example parenting plan. Click here.