Whether between two people “civil partnership"Or living in a common-law relationship the context of a separation is often a test for which few people are prepared. This is especially true when this separation involves children.
Separation of unmarried couples with child (ren): what the law says ...
In France, once the child has been recognized by both parents, each has the same rights and the same duties. This recognition is "de facto" for the mother while for the father it must take place during the year following the birth of the child.
The exercise of parental authority is then joint and the parents have the duty to inform each other, consult and decide together what concerns "the best interests of the child".
In this situation the father and mother can work together to develop a common organization that will concern the time and place of residence of the child with each of them and the way in which they take care of the material needs of their child.
Article 373-2 of the Civil Code indeed stipulates "that the separation of the parents does not affect the rules defined for the exercise of parental authority. Each of the two parents must maintain relations with the child and must respect the bonds of the child with the other parent "
The different aspects of the separation of an unmarried couple with child (ren)
We do not only separate before the law but also under the eyes of the institutions, the tax administration, the Caf, the landlord of the apartment ...
All of this assumes a substantial amount of information and referents ... but also the common desire to find lasting solutions that are acceptable to both people. While dialogue is often particularly difficult ...
How to approach the future enrollment of the child in such or such school? how to consult on the sporting activity which will be his? How to put "flexibility" in the changes of residence that the child will experience regularly? How can we agree on the distribution of any allowances or housing assistance?
Family mediation can be of great help in these situations of separation.
Family mediation and the separation of an unmarried couple with child (ren)
If family mediation is a positive approach to recreate or maintain a family bond, it is also a device allowing separated parents to develop a tangible and effective organization. Everyone can then assert the reality of their needs and listen to the reality of the Other. Often after a few sessions, points of convergence appear: these are family mediation agreements.
Included in a specific document and with the support of the mediator, these agreements may give rise to the drafting of a parental agreement.
It is important to note that mediation agreements are not a goal but a consequence of dialogue and mutual trust. A parental agreement is by no means a negotiation but the result of a joint effort towards "well-being" conducive to the child's balance.