Filiation and Child protection
Filiation is an inherent quality in the person. It is a natural fact transformed into a juridical, immutable and inalienable fact by the law.
Filiation is complexity.
Even if filiation rests on blood ties (carnal procreation or endogenous medically assisted reproduction), it is also based on a sociological truth (adoption, exogenous medically assisted reproduction, possession of status).
Even if the law recognizes equal filiations, it still refuses to recognize some others: adulterine children yesterday, children born of an incestuous relationship and children of homosexual couples today and it denies the parenting stemmed from these filiations.
Approaching filiation implies approaching identity and personality shaping and affective ties. Juridically speaking, a filiation is as name, a parental authority, a food claim right, an inheritance vocation. In a word, filiation balanced a whole part of society.
Nowadays, filiation towards one of the parents can still have to be judicially established, but a litigation of a different nature exists: the birth is often wished, even planed and gladly welcomed, the parents, far from rejecting their child, can fight over his filiation.
A filiation conflict appears when the maternity or the paternity of a child is claimed by two women or two men. It then belongs to the Judge to solve the conflict and to establish judicially the filiation. His decision is often based on the genetic truth, revealed by a maternity or paternity test.
Mrs. Elisabeth ROUSSET, member of the Bar of Hauts-de-Seine, assists you to implement these delicate procedures taken before the Tribunal de Grande Instance (≈ Crown Court).
There are also children whose filiation is established indisputably but who have to be protected against a parent who obviously endanger their security, health or morality either by maltreatment, or by usual and excessive consumption of alcoholic beverages or drug addiction, or by a notorious misconduct or criminal activities, or by lack of care or want of guidance. It is then advisable to ask for the withdrawal of parental authority.
Moreover, a parent can put his child in a third party’s care, for a limited period, because of work requirement which keeps him away from the child or because of illness. The formalization of a parental authority delegation can be considered.
Mrs. Elisabeth ROUSSET, member of the Bar of Hauts-de-Seine, makes herself available for advising you about the opportunity of undertaking these procedures and representing you.Contact >