Cassation is incurred by the judgment which

This decision provides important insight into your property law. Here is what it changes for you.

The situation

Cassation is incurred by the judgment which holds that the decision of the children's judge, entrusting, pursuant to his powers in matters of educational assistance, a child to the divorced parent who does not have custody, constitutes, for the latter, a legal basis which confers jurisdiction on the court of his residence to hear his application for transfer of custody, whereas, pursuant to Article 7 of Decree No. 75-1124 of 5 December 1975, the court with jurisdiction in such a case is that of the place where the spouse who has custody of the minor children resides at the time the proceedings are commenced.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the statutory time limits for appeals
• Keep all your supporting documents (titles, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.