Children &separation

Mediation with a lawyer in Lyon

Cabinet Strulovici Avocats  - La médiation avec un avocat sur Lyon
Cabinet Strulovici Avocats - La médiation avec un avocat sur Lyon

What is mediation?

When communication is very difficult between the parties and it seems impossible to reach an agreement, family mediation can help to re-establish dialogue and reach a satisfactory solution for both parties.
The mediator is impartial and subject to professional secrecy.
At the end of the family mediation sessions, if the parties have reached an agreement, they can have it approved by a judge.
Attention: The document containing the agreement is communicated to the parties, who may decide to communicate it to the Family Court. This document often also contains an acknowledgement of certain facts that can be used against you before the Family Court!
It is therefore necessary to be prepared for a family mediation meeting and the presence of a lawyer at your side during the meeting allows you to protect your interests while encouraging the emergence of a solution.

What is the purpose of mediation?

Mediation, as a means of resolving conflict situations, is an old practice that appeared in the USA in 1965/1970. It was introduced in Europe around 1990. In France, it covers various fields of application: work, neighbourhoods, schools, consumption, justice, families, etc. Its aim is to re-establish dialogue in a conflict situation, but also to reduce legal disputes, speed up the course of justice and find standards of social regulation in an increasingly difficult and complex social context.

Experimentation of mandatory mediation prior to family dispute

14 March 2019

On an experimental basis and until 31 December 2019, an attempt at mediation is compulsory before any request for modification of decisions and approved agreements fixing the modalities of the exercise of parental authority in the TGI (Tribunal de Grande Instance) of Bayonne, Bordeaux, Cherbourg-en-Cotentin, Évry, Nantes, Nîmes, Montpellier, Pontoise, Rennes, Saint-Denis and Tours.
However, this obligation does not apply if violence has been committed against a parent or the child.

If you wish to avoid a conflict and initiate a mediation process, contact the Strulovici Law Firm, which will advise you and protect your interests.

How much does the family mediation procedure cost?

Family mediation is a procedure for which each of the parties involved has to pay, and it is in principle the mediator who sets the amount of his or her fee. However, the first information meeting is always free of charge.
If you use the services of a family mediation association that has signed an agreement with the CNAF, the amount of the fees is set according to a scale that is proportional to your income.
The State may cover the cost of legal aid depending on your income.

Child's residence, alimony

Cabinet Strulovici Avocats  - Résidence de l'enfant, pension alimentaire
Cabinet Strulovici Avocats - Résidence de l'enfant, pension alimentaire

After your divorce, our Lyon lawyer will assist you. How does parental authority work?

The father and mother exercise parental authority jointly. However, when filiation is established with regard to one of the parents, more than one year after the birth of the child whose filiation is already established with regard to the other parent, the latter exercises parental authority alone. Parental authority may nevertheless be exercised jointly in the event of a joint declaration by the father and mother before the chief clerk of the Tribunal de Grande Instance or by decision of the Juge des Affaires Familiales. (Art. 372 of the Civil Code).

Pay attention: The separation of the parents has in principle no consequence on the exercise of parental authority.

It is only in certain very specific cases that the Family Court can decide that parental authority will be exercised by one of the parents only.

How to define the child's residence and visiting and accommodation rights?

The Family Court judge can either :

  • Fix the child's residence alternately with the mother and the father,
  • Fix the child's residence with one of the parents and fix a right of access and accommodation for the parent with whom the residence is not fixed,
  • Decide that the right of access and accommodation for the parent with whom the residence is not fixed will be exercised in a neutral place (specialised association), often pending the outcome of a social enquiry.