During a divorce, preserving children’s rights is a central issue. Custody, child support, parental authority: each decision has a direct impact on their balance and daily life. Understanding these mechanisms can help protect children’s best interests and avoid family conflicts.
For an overview of the legal framework, please consult our page dedicated to family law :
Understanding children’s rights in divorce proceedings
General principles of child protection
Family law is based on a fundamental principle: all decisions must be made in the best interests of the child.
This implies :
- Preserving our living environment,
- Maintain a balanced relationship with each parent,
- Ensuring emotional and material security.
The difference between amicable and contentious divorce for children
Depending on the procedure chosen, the consequences are not the same:
- Amicable divorce: parents agree on custody and child support.
- Contentious divorce: disagreements are settled by the family affairs judge.
To understand the applicable procedures, a useful resource :
Divorce lawyer Toulon
The role of the family court judge
The family affairs judge (JAF):
- Examine the family situation,
- Determines the children’s place of residence,
- Determines the financial contribution of each parent,
- Resolves disagreements over parental authority.
Child care
Alternating custody vs. sole custody
| Comparative elements | Alternating custody | Exclusive custody |
|---|---|---|
| Organization | The child resides with each parent on a fixed schedule | One parent is designated as the “custodial” parent |
| Benefits | Maintaining parental balance | Daily stability |
| Conditions | Geographical proximity, good understanding | Availability and reception conditions |
| Alimony | Sometimes reduced | Often owed by the other parent |
Criteria taken into account by the judge
The judge analyzes :
- Child’s age,
- Emotional needs,
- Parents’ availability,
- Geographical distance,
- The quality of parent-child relationships.
Impact on children’s daily lives
Child care influences :
- School rhythms,
- Extracurricular activities,
- Emotional stability,
- Family landmarks.
Alimony and child support
Pension calculation and amount
Alimony is intended to cover :
- Living expenses,
- Education,
- Health,
- Cultural and sporting activities.
The amount depends on :
- Each parent’s resources,
- Childcare arrangements,
- The child’s specific needs.
Obligations of each parent
Each parent must contribute financially to the child’s upkeep, even in the case of alternating custody if incomes are unbalanced.
Recourse in the event of non-payment
In the event of non-payment :
- Wage garnishment,
- Direct payment,
- Intervention by ARIPA,
- Filing a complaint for family abandonment.
Parental authority
Parents’ rights and responsibilities
Parental authority implies :
- Education,
- Health,
- Administrative management,
- School guidance.
It remains joint, barring exceptions (violence, serious disinterest, etc.).
Decisions concerning education and health
Important decisions must be taken by mutual agreement:
- School choices,
- Medical care,
- Moving house has an impact on the child.
How to secure the exercise of parental authority
A lawyer can help you :
- Drawing up a parental agreement,
- Prevent blockages,
- Refer to the Family Court in the event of persistent difficulties.
The lawyer’s role
Accompanying you through the process
The lawyer guides each parent through :
- Divorce proceedings,
- The strategy to adopt at the hearing,
- Preparing the file.
Protecting children’s rights
- A balance between parents,
- Taking the child’s needs into account,
- Educational coherence.
It ensures :
Negotiation and family mediation
Family mediation allows :
- Ease tensions,
- to reach agreements without resorting to litigation,
- to put the child’s interests first.
Why choose our Toulon office?
Expertise in family law and divorce
Our firm intervenes daily to defend the rights of children in divorce proceedings, whether amicable or contentious.
Personalized support for every family
Every situation is unique: we tailor our support to the reality of your family and the specific needs of your children.
Knowledge of local courts and procedures
Our knowledge of the Toulon judicial court enables us to anticipate the practices of the JAF and optimize the strategy adopted.
FAQ – Children’s rights divorce
What are the children’s rights in a divorce?
To be protected, heard, and maintain a balanced relationship with your parents.
Which guard to choose, depending on the situation?
This depends on the child’s age, communication between the parents and their availability.
How is alimony calculated?
Depending on the parents’ resources, the child’s needs and the type of childcare.
Can I contest the judge’s decision concerning my children?
Yes, an appeal is possible within the legal timeframe.
When should you call in a specialist lawyer?
As soon as a disagreement arises over custody, support or parental authority.
