Lina and Felipe separated ten years ago.
At the time of their separation, a judge awarded custody of the children to Lina.
However, Felipe was always present in the children’s lives.
In fact, Felipe was granted access rights from Friday to Monday, every two weeks.
Now aged nine and eleven, the children, who attend school in Lina’s neighborhood, are considered model pupils by their teachers.
A year ago, Lina met Allan and fell madly in love with him.
Since then, not only has he moved in with Lina, but the children have also become infatuated with their mother’s new boyfriend.

Recently, Allan, who is an engineer, was offered a position in the United States, in Chicago.
The engineering firm he works for intends to open an office there, and wants Felipe to take charge of the project.
Lina, who is a nurse, wants to follow her boyfriend.
She sees it as an enriching experience for the children, who will also benefit from the English immersion.
Of course, Felipe is strongly opposed to the move, as it will prevent him from seeing his children.

Did you know that one parent can apply for a review of child custody if the other parent wishes to move abroad?
Felipe can apply to the court for custody of the children.
Since this is a significant change, the Court will have to consider the reasons for the move, the children’s living environment, the children’s attachment to the parents and, in some cases, the children’s wishes.
Felipe may object to the move on one or more of the following grounds: (1) the move was made on a whim, without regard to the best interests of the children; (2) the purpose of the move was to get rid of the other parent; (3) the children are well established in their home environment and are attached to both parents; and/or (4) the children do not want to move and the non-custodial parent is capable of taking custody.
For her part, Lina may argue that she represents the dominant figure for the children and, above all, that the move is not intended to take the children away from the father.
In all cases, the judge’s decision must take into account the best interests of the children.

If you face such a situation and need further advice, you should consult a lawyer.

Olivier and Arthur have been a couple for almost 10 years.
With their careers well underway, they are finally ready to start a family together.
Lana, a close friend of the couple’s, has always told them that she would be delighted to carry their long-awaited child, as she is already the mother of two beautiful children.
After several months of discussions, Olivier and Arthur finally made up their minds.
The procreation took place by implanting an egg fertilized in vitro by Arthur into Lana’s body.
It was then agreed that the child would be adopted by Olivier with Arthur’s consent.
Nine months later, Lily was born in full health.
The birth certificate shows her father as Arthur and her mother as Lana.
Lily is immediately entrusted to Olivier and Arthur.
Olivier wonders whether he will be able to validly adopt his daughter and exercise his parental authority.

Did you know that all children have the same rights and obligations, regardless of the circumstances of their birth, including children born of assisted reproduction?
In order to be recognized as Lily’s father, Olivier will have to file a request for an adoption order with the Chambre de la jeunesse.
He will have to prove that the adoption is in Lily’s best interests.
The judge will have to disregard the circumstances surrounding the birth, even though the couple used a surrogate mother.
Once the petition is granted, Olivier’s name will appear on the birth certificate under father, while Lana’s name will disappear.

It is important to distinguish between the surrogacy contract and the rights of children born of surrogacy.
The interests of the children always come first.
If, however, the couple had decided to sign a surrogacy contract, it would have been considered absolutely null and void.
This means that the couple could not have forced Lana to continue her pregnancy if she had decided to interrupt it.
It also means that they could not have invoked the procreation and gestation agreement if she had refused to sign a consent to adoption.

The parental project for assisted reproduction still entails a number of legal risks. Should you be facing such a situation and need advice, do not hesitate to contact us.

David and Véronique lived together for five years and had a little girl named Fanny.
The couple had fallen out and decided to separate.
However, they disagree over custody of Fanny.
Each wanted sole custody.
David and Véronique take their case to court to have a judge rule on the matter.

Véronique works as a secretary in an office and has a daytime schedule during the week.
David, on the other hand, works on a farm and puts in long hours, starting very early in the morning and often finishing late in the evening.

Did you know that the parents’ work schedule can be a determining factor in awarding custody of the children?
In fact, the Court could decide to award custody to Véronique for a number of reasons.
Véronique is the parent who is most available to meet Fanny’s needs.
Not only does her work schedule coincide with daycare hours, but she would also be available in the evenings to spend quality time with her daughter.
Conversely, when Fanny is at her father’s, she has to get ready for school on her own in the morning, as her father has to work on the farm.
What’s more, when she returns from school, she has to join him on the farm and wait for him to finish his work.
This time spent with her father is not quality time.

Although David and Véronique are both good parents capable of assuming custody of Fanny, the Court might prefer to award sole custody to Véronique, with access rights for David, since his work schedule gives him the availability required to ensure Fanny’s physical and psychological development.

If you face such a situation and need further advice, you should consult a lawyer.