Non-representation of children: when a parent does not respect the conditions of custody
In the context of divorce or separation, in the presence of children, it is unfortunately quite common for children to be used as instruments by one or other of the parents and as bargaining chips in a struggle that is not theirs. One parent, for example, will refuse to abide by the terms of the custody order or judgment.
Il n’est pas rare que nous soyons appelés en urgence par un parent nous appelant au secours : « mon ex ne me ramène pas mon enfant » ou à l’inverse « mon ex refuse de me donner mon enfant pour le week-end ». C’est ce que l’on appelle une non représentation d’enfant.
And it's a misdemeanor:
Article 227-7 of the Penal CodeThe removal of a minor child by any ascendant from the hands of those who exercise parental authority or to whom the child has been entrusted or with whom he or she has his or her habitual residence shall be punishable by one year's imprisonment and a fine of 15,000 euros.
It works both ways: that your child's father or mother refuses to let you pick up your children at home on the set dates, or that he or she doesn't bring your child home on the set date and time.
In order to assert your rights, both at the penal level and at the level of the Family Court, you will have to prove that you are not representing a child.
In this area, investigators and magistrates are often, quite rightly, very cautious about the validity of testimony. It is therefore possible that the testimony of some of your acquaintances may be disregarded.
So, to avoid this pitfall, and in order to assert your rights, the judicial officers propose solutions of statement of facts of non-representation of a child.
With you, the bailiff goes to the other parent's door and notes the possible refusal to hand the child over to you.
In the opposite direction, the bailiff can also, at the time when the father or mother of the child is due to come and bring him/her back to you, wait with you to see if he/she does not turn up.
In any case, and that's the whole the force of the statement of facts drawn up by the judicial officerThe bailiff will give you a written report stating the reality of the facts; this report has a reinforced probative force: that is to say that it proves, by virtue of the law 2010-1609 of 22 December 2010, and is binding on the magistrate who, in fact, cannot disregard this statement.