The family affairs judge (JAF) plays a central role in disputes involving family relationships.
Created to deal with family disputes competently and impartially, this specialized court of law is responsible for resolving family-related disputes, including divorce, child custody, child support and parental authority.
This article explores the missions and powers of the JAF, as well as the issues surrounding its intervention.
1. The general powers of the family judge
The JAF has jurisdiction to settle family disputes under civil law.
His role extends mainly to the following areas:
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- Divorce and legal separation: The JAF is the exclusive judge for legal divorce and legal separation proceedings. He is empowered to rule on the dissolution of the matrimonial bond, to settle the personal and property consequences of divorce, and to approve agreements proposed by the spouses.
- Liquidation and division of property: In the event of divorce or separation, the JAF orders the liquidation and division of the spouses’ property interests, including those of partners bound by a civil solidarity pact or cohabitants.
- Custody of children and parental authority: The Family Court is responsible for setting the terms and conditions for exercising parental authority, determining the children’s habitual residence and organizing visiting and accommodation rights.
- Alimony and maintenance obligations: The JAF sets, revises or cancels alimony and maintenance payments for the children and/or former spouses, based on the respective needs and resources of the parties.
2. The role of the JAF in divorce proceedings
a. Provisional measures
From the outset of divorce proceedings, the Family Court may take provisional measures to organize the lives of the spouses and children during the proceedings. These measures concern in particular :
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- Separate residence of the spouses;
- Allocation of use of the family home;
- Setting support payments for the spouse and/or children;
- The exercise of parental authority;
- Appointment of a notary to prepare the liquidation of joint assets…
b. Approval of divorce agreements
In a divorce by mutual consent, the spouses submit an agreement to the Family Court (JAF), which checks that it is in the interests of both parties and the children, only if the children have requested to be heard by the judge.
If the agreement preserves these interests, the JAF homologates it and pronounces the divorce.
In cases where children do not request to be heard by the judge, divorce by mutual consent are dealt with only by lawyers and a notary.
3. Parental authority and custody of children
a. Definition and guiding principles
Parental authority refers to all the rights and duties of parents to protect, educate and support their children.
In the event of disagreement between the parents, the Family Court (JAF) intervenes to determine how this authority is to be exercised, always with the best interests of the child in mind.
b. Determining residence and visiting rights
The Family Court rules on the child’s habitual residence (with one parent or alternately) and organizes visiting and accommodation rights for the parent who does not have primary custody.
He can also restrict these rights in the event of danger to the child.
4. Family mediation and the conciliatory role of the JAF
The JAF plays a key role in promoting family mediation.
He or she can propose or impose that the parties meet with a family mediator to find an amicable solution to their dispute.
This approach is favored in many courts, particularly for cases involving children.
5. Maintenance payments and their review
a. Setting child support
The Family Court determines alimony based on the parents’ resources and the child’s needs.
This contribution may be set in cash and/or in the form of direct payment of the child’s expenses.
b. Revision and enforcement of support payments
Child support payments can be modified at any time if new circumstances arise (loss of employment, changes in the child’s needs, etc.).
In the event of non-payment, enforcement procedures, such as direct payment, may be initiated.
Conclusion
The family court judge plays a crucial role in resolving family disputes.
As guarantor of the rights and obligations of family members, he or she takes particular care to protect the interests of children.
From the determination of alimony and child support to the organization of child custody and provisional measures in divorce cases, the JAF is an indispensable judicial authority in the regulation of family relations.
Through his conciliatory role and his ability to rule fairly, he helps to ease tensions and offer fair and balanced solutions to families in crisis.