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Thegonnec, Judge
Category: French Law
Satisfied Customers: 1419
Experience:  15 years experience as judge at Paris Industrial Tribunal
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My grandson living in France does not want to spend christmas

Customer Question

My grandson living in France does not want to spend christmas with his father this year, he is very upset. He is 10,and goes to visit on a regular basis, albeit reluctantly. How does French law deal with this, and will his wishes be taken into account? His mother says this is a regular nightly worry, and he is very distressed.
Submitted: 4 years ago.
Category: French Law
Expert:  Thegonnec replied 4 years ago.
If the calendar fixed with the juge aux affaires familiales states that, this year, he is to spend this part of the Christmas vacations with his father, there is not much way around it.
Unless his father comes to an agreement with your daughter on the matter. Or, if your daughter has objective material elements which show that the father is legally unfit to welcome his children, she can ask the judge to change custody arrangements. But these better be serious elements and not the understandable spleen of a child upset at spending Christmas away from his mother.
When he reaches the age of 12, your grandson can ask to be heard by the judge on all custody matters, which does not necessarily mean that the judge will follow his wishes.