Case study 2 - family law - custody of the children - France

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In this case study on family law – custody of the children, Member States were asked to advise the suing party on litigation costs on litigation costs in order to consider the following situations:

Case A – National situation: Two persons have lived together unmarried for a number of years. They have a three year old child when they separate. A court decision grants custody of the child to the mother and a right of access to the father. The mother sues to limit the father’s right of access.

Case B – Transnational situation where you are a lawyer in Member State A: Two persons have lived together unmarried in a Member State (Member State B) for a number of years. They have a child together but separate immediately after the child’s birth. A court decision in Member State B gives the child’s custody to the mother with a right of access to the father. The mother and the child move to live in another Member State (Member State A) as authorized to do so by the Court decision and the father remains in Member State B. A few years later, the mother sues in Member State A to change the father’s right of access.


Costs of proceedings


Costs in France

Costs for legal proceedings, appeals and the alternative dispute resolution process


Case study

Legal proceedings

Appeal

Alternative dispute resolution process

Initial court fees

Tran-scription fees

Other fees

Initial court fees

Tran-scription fees

Other fees

Is this option available in this type of case?

Costs

Case A

No

No

No

No

No

No

Judicial mediation is possible.

Extrajudicial mediation is also possible.

Mediation fees are fixed by the judge and payable by the parties, but the cost may be covered by legal aid.

Drawing up a fee agreement between the mediator and the parties is good practice.

Case B

Idem

Idem

Idem

Idem

Idem

Idem

Idem

Idem



Costs for lawyer, bailiff and expert


Case study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgment costs

Post-judgment costs

Is use com-pulsory?

Costs

Case A

No

No

Yes, if summons/ subpoena.

No, if joint application.

Summons: EUR 18.70

Service: EUR 26.70

If the clerk does not notify the decision, service by bailiff costs: EUR 26.70

No

Fixed by the judge.

Case B

Idem

Idem

Idem

Document originating from another Member State: EUR 50

Document destined for another Member State: EUR 36.30

Document originating from another Member State: EUR 50

Document destined for another Member State: EUR 36.30

Idem

Idem



Costs for witness compensation, pledge or other security and other relevant fees


Case study

Witness compensation

Pledge or other security

Other fees

Are witnesses compensated?

Does this exist and when and how is it used?

Does this exist and when and how is it used?

Cost

Description

Cost

Case A

No

No

No

No

No

No

Case B

Idem

Idem

Idem

Idem

Idem

Idem


Costs for legal aid and other reimbursement



Case study

Legal aid

When and under which conditions is it necessary?

When is full aid given?

Conditions?

Case A

Legal aid can be requested before or in the course of the court proceedings. It is granted if the income declared by the parent does not exceed the limits set by law.

The State pays all court fees if the parent is awarded full aid.

Total legal aid is granted if the monthly income declared by the petitioner does not exceed EUR 911.

Partial aid is granted for those with an income between this amount and EUR 1 367.

The upper limits for income are raised by EUR 164 for the first two dependants and EUR 104 for the third dependant and any subsequent.

Case B

Idem

Idem

Idem



Costs for translation and interpretation


Case study

Translation

Interpretation

When and under which conditions is it necessary?

Approximate cost?

When and under which conditions is it necessary?

Approximate cost?

Case A

Documents submitted to the judge must be translated.

There are no statistics available.

When the judge does not understand the language in which the parties communicate.

Fees are fixed by the judge.

Case B

Idem

Idem

Idem

Idem



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Last update: 07/06/2019