A – Acquisitions
In the community marriage regime, acquests are the property acquired by the two spouses, during the marriage, together or separately, thanks to their work or their savings. These goods become “common” to the couple. They will have to be split in two in the event of divorce.
Plenary adoption
This is an adoption causing a break in the bond between the family of origin and the adopted child. In his adoptive family, the child is assimilated to a legitimate child.
Adoption simple
It is an adoption leaving the links between the child and his family of origin.
Legal aid
The institution of legal aid is intended to financially assist the litigant, whose resources are limited. It allows him to benefit fully or partially from the free assistance of a lawyer.
Special education allowance
This family benefit is intended for disabled children who have not exceeded twenty years of age and whose permanent disability is at least equal to 50%.
Family allowances
This is a family maintenance benefit, paid monthly to any person residing in France, for each dependent child residing in France. It is only paid from the second child.
Home child care allowance
If both parents carry out a professional activity and employ one or more people at their home, to provide care for at least one dependent child under the age of 3, they can benefit from the child care allowance at home. .
Young child allowance
Below a resource ceiling set by the Caf, the young mother can receive financial assistance from the 5th month of pregnancy, until the child is 3 years old.
Single parent allowance
This family benefit – awarded on a means-tested basis – is intended for any single person residing in France and alone assuming the care of one or more children. It ceases to be paid if the beneficiary marries or lives in a conjugal relationship.
Parental education allowance
This family benefit is granted to each person with dependent children, when this person interrupts his professional activity or decides to work part-time, on the occasion of the birth, adoption or reception of a child. under 3 years of age, bringing the number of dependent children to three or more.
Back-to-school allowance
This allowance is granted to parents – subject to means – at the time of the start of the school year for each of their dependent children, aged 6 to 18.
Appel
“To appeal” or “to appeal” is an appeal which aims to challenge the decision of the court (district or high court). The litigant thus brings the case before a higher court (the court of appeal).
Stop
The judgment is the legal term designating the court decision rendered either by a court of appeal, or by the Court of Cassation, or by administrative courts.
Educational assistance
All the measures taken by the juvenile judge when the health, the morality (…) of the minor is in danger, come under educational assistance.
Welfare
The mission of the social worker is to facilitate the adaptation of families to life in society. In France, they are 38 working in both the private and public sectors.
Parental authority
In their capacity as parents, the father and the mother enjoy rights and duties, aimed at protecting the child: ensuring his accommodation, his supervision, his education, his health, etc.
C – Criminal record
Each criminal conviction of an individual (even a minor) is listed and computerized in a file called a “locker”, which pursues him throughout his life.
Cassation
This is the annulment by the Court of Cassation of the decision of the Court of Appeal. In other words, it “breaks” the previous decision. This decision is not subject to any other appeal.
Collegiality
Collegiality responds to a principle, by virtue of which justice is rendered by several magistrates. The latter therefore deliberate their decisions by an absolute majority of votes.
Cohabitation
When a couple lives in a conjugal relationship when the conjugal union has not been celebrated, it is said that they are living together.
Maternity leave
A pregnant woman or a woman who has just given birth benefits from a suspension of her employment contract. It can last from 8 to 16 weeks and can be extended for family or pathological reasons.
Parental leave
Leave is granted to young parents of a born or adopted child. It takes effect from the expiry of the maternity or adoption leave and can be extended until the child’s 3rd birthday.
Labour Court
The labor tribunal deals with all disputes relating to the execution or dissolution of the employment contract. It therefore settles disputes between the employer and the employee.
Court of Appeal
The court of appeal is a second degree court. It judges disputes if the decision of the tribunal de grande instance has been contested by an “appeal”.
Assize Court
As a criminal court, the Assize Court is responsible for judging crimes. There is also a juvenile assize court, to try offenders aged 16 to 18.
Court of Cassation
The Supreme Court or Court of Cassation is the court of last resort. It judges disputes when the decision of the court of appeal has been contested by one of the parties.
D – Children’s advocate
Within an independent authority, the Children’s Defender (Dominique Versini until 2012) is responsible for defending and promoting children’s rights, by acting directly in the field or by suggesting legislative changes.
Right of visit and accommodation
After a divorce, the family court judge fixes the residence of the child. If this is allocated to only one of the parents, the other will benefit from a right of visit and accommodation.
E – Social survey
Such an investigation is often ordered to determine the custody of children in divorce proceedings or in matters of educational assistance. It can be carried out by a specialized educator or a social investigator.
Ester (in court)
This is the legal name, synonymous with taking legal action (a lawsuit). You must be an adult or an emancipated minor.
I — Instruction
The moment of the judicial procedure when the judge gathers all the elements of the file which will allow him to rule, is called the instruction.
J – Family affairs judge (JAF)
The JAF is a judge of the tribunal de grande instance, responsible for family matters. It is therefore competent for all cases relating to divorce, separation, the fixing of the maintenance obligation or the modification of the child’s name.
Children’s judge
A true specialist in childhood problems, the juvenile judge rules on offenses committed by the minor (in criminal matters). In civil matters, it is competent in the field of educational assistance and more generally when a minor must be protected and assisted.
jurisprudence
When the law is not precise enough, ie it does not answer a question of law, judges must interpret it. If the solution suggested by a set of decisions is sufficiently concordant, it is said to be a “case law”. In other words, it becomes a benchmark for similar future litigation.
M – Family mediator
A third person – a family mediator – can be appointed by the family affairs judge, with the agreement of the parties, in order to find a solution to the conflict between them (for example on the residence of the child).
Criminal minority
When the offender has not yet reached 18 years of age, he enjoys the criminal minority at the time of his judgment. If he is less than 13 years old, he is only subject to assistance and education measures. If he is between 13 and 18 years old, he can be sentenced to a penalty (prison, community service, etc.). From 13 to 16 years old, the minor automatically benefits from the “mitigating excuse of minority”. From 16 to 18 years old, it is only optional.
N – Non-representation of the child
Failure to bring the child back after a weekend, to the custodian, constitutes the offense of non-representation.
P – Alimony
When the parents are divorced, the one who does not have custody of the child must pay alimony to the other, in proportion to his resources, in order to discharge his parental authority.
Appeal in cassation
The party to the trial who is not satisfied with the decision of the court of appeal may contest it, bringing the dispute to the Court of Cassation. For that, she makes an appeal in cassation.
Pupil
A child placed under the guardianship system or under the control of the child welfare services is said to be a “ward”.
R – Search for natural paternity
It is the action aimed at establishing the natural paternal filiation of a child. A paternity test outside marriage can only be ordered by the judge if there are presumptions of parentage.
Alternate residence
After the divorce or separation of the parents, the child may reside alternately with his father and with his mother. So he has two houses, two bedrooms …
Single-parent residence
After a divorce, when the child’s main residence is fixed with only one of the parents, it is said to be a single parent. The other parent will benefit from a right of visit and accommodation (unless it is refused for serious reasons).
Responsibility of parents
The parents are jointly and severally liable for the damage caused by their minor child, even if the latter has not committed any fault.
S – Separation of property
A married couple can decide to get married under the regime of separation of property. In the event of divorce, there are no goods in common, each one recovers the wealth he has created.
Child simulation
The woman who has not given birth, but who nevertheless makes herself recognized as the mother of a child, commits an offense: the faking of a child. The concealment of her maternity by the biological mother is also incriminated.
T — Tribunal d’instance
It is a single judge jurisdiction. It deals only with small civil disputes of everyday life, for which the request relates to sums less than or equal to 10 euros.
High Court
The TGI is a court of first instance, which judges civil cases for which the request is greater than 10 euros.
Children’s court
Presided over by the juvenile judge, this court judges minors prosecuted for 5th class contraventions (injuries, minor violence, etc.), offenses (theft, serious violence, etc.) and crimes committed by minors under 16 years of age. time of the facts. There are 151 children’s courts in France.
U – Uterine
When siblings are born to the same mother but not to the same father, they are said to be uterine.