Separation: the family court judge

In all family disputes before him, the family court judge (JAF) always rules in the best interests of the child. To carry out its mission, the JAF works with specialized legal auxiliaries: social investigator, psychologist, psychiatrist, etc.

The role of the JAF

As indicated by his name, the family court judge (JAF), is competent in matters of family litigation, whether the couples are married or not. The JAF’s decision-making is made even more delicate by the fact that it rules alone, unlike other courts which judge collegially. However, their decisions commit lives and families. But nothing prevents the JAF from discussing difficult cases with its colleagues, asking for opinions and cross-checking case law. Still, he can refer the case to a collegiate chamber (made up of several magistrates), at any time during the procedure. In divorce matters, referral is mandatory if requested by a party.

In his office, the JAF may seem detached from the problem of litigants, who are nevertheless living the most problematic moment of their existence. This is only an appearance! The role of the judge is precisely to listen, to remain calm and neutral. Even more when lawyers and parties have their heads in the handlebars …

The JAF, conductor of the auxiliaries of justice

The family court judge (JAF), pivot of the divorce proceedings, also orchestrates auxiliaries who help him make the final decision. The hearing time is short. It needs to be enlightened by field surveys, whether social or psychological. He therefore often works with a social investigator. 

The social investigator must then visit the home of the father and mother, talk to each of the two – separately and then jointly – or even with their close entourage to gather as much information as possible. Children are also listened to: their wishes regarding their place of residence are of course taken into account. For this, the investigator must distinguish the children manipulated by their parents … At the end of his mission, the social investigator makes a report to the JAF. This one will decide by privileging the protection of the interests of the minor children, in accordance with the indications of the investigator. For his part, the psychologist is conducting a targeted survey on the moral and psychological behavior of parents who request custody of the child. Its purpose is to distinguish whether the parents are psychologically able to bring up the child on a daily basis or to verify allegations such as those of sexual abuse. These can be frequent when the mother unfairly tries to remove the father from custody of the child! Like the social investigator, he reports to the JAF.

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The JAF, the juvenile judge and the mediator

Sometimes, separated or divorced couples come to the judge so vindictively that the latter must appoint a family mediator (during the proceedings) to try to calm things down.. As an impartial third party and not a judge, he offers during confidential interviews, a relational space, dialogue, listening, mutual respect and consultation, in order to help each parent to communicate in the interest of the child. Together, they will try to develop solutions and agreements regarding the exercise of parental authority, alimony or the right of visit and accommodation. In addition, it is not uncommon for the family court judge to work together with the children’s judge (JJ) on the same case. In a request for the exercise of parental authority, accompanied by accusations of sexual abuse of the child: the JAF deals with civil matters (residence of the child, etc.), the JE will intervene to protect the minor (in particular by placing him in safety in a reception structure, while the dispute is clarified).

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How to seize a judge in family cases?

The referral procedure to the JAF family court judge differs depending on the case. The best thing to do is then to contact the nearest court registry to obtain the information specific to the problem.

In general, the referral can be made:

— by request lodged with the registry of the tribunal de grande instance (TGI) ;

– by one summons ;

– through registered letter with acknowledgment of receipt, addressed to the registry office of the TGI.

The competent JAF is that of the family residence. If she is separated, it is that of the parent who accommodates the minor child or of the place of residence of the defendant, that is to say of the person against whom the legal action is directed.

Note that representation by a lawyer is not compulsory – except for divorce – it remains strongly recommended when you want to seize the JAF. Legal questions are often technical!

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