AFP - A judge has awarded Bayonne a PACS with another woman joint custody of the twins being born to it, without special circumstances explained, a decision that recognizes same-sex parents, said their lawyer.
The ruling, issued Oct. 26, will be final if the floor, which at the hearing did not object to the request of the couple does not appeal within one month. It could mark a significant departure from precedent, told AFP Me Colette Capdevielle.
The family court judge has granted the request of Cecilia J. and Marie-Catherine D., PACS since September 2009, to see Mrs. D. obtain joint custody of the twins being born to Mrs. J. in February 2010 and recognized by their single mother.
The judge noted "multiple certificates" showing "of a united couple, well integrated into their family and social environment, and whose educational and emotional qualities in respect of two children are recognized."
The magistrate said "it is in the interest of both minor and two adults present at home sharing the parental authority, and that it is already being carried out jointly, this is legally dedicated."
Indeed, Article 377 of the Civil Code provides for a delegation of parental authority to a third party, but only "if circumstances require."
However, the Court of Cassation dismissed July 8, 2010 a similar request a couple of women PACS, saying they did not show the "special circumstances" in support of their application. They had argued business travel from the mother of the child, but the Court had deemed too "exceptional" to be considered such a "circumstance".
Another couple of women who had separated smoothly, and had agreed on an alternate residence for the girl one of them, however had succeeded before the Court of Appeal Rennes October 30, 2009, the separation occurring just as the "circumstances" required special.
On March 24, 2011, the court of Créteil was also awarded joint custody to the mother's companion a little Laura, this time taking into account the "frequent" trips to the province's biological mother for professional reasons.
Me Celine Campi, the couple's lawyer in the court of Créteil, said Wednesday AFP he felt the justice of the case had especially wanted to "give precedence to the interests of the child on the restrictive requirements of the Court Supreme "and had relied on the movement of the mother" to limit the risk of an appeal of the prosecution. "
The movements of the biological mother had also led to a favorable decision in January 2011 the court of Versailles, and joint custody was the motive of another in Aix-en-Provence in late 2008. On January 13, 2010, the court of Créteil was also granted such a request because the biological mother suffered a heart murmur.
But what seems to be the novelty of the decision of Bayonne is that it does not involve any explicit mention of "circumstance" special.
Or rather, analysis Capdevielle Me, "the judge ruled that the circumstances required by law were met in the form of unity and stability of this couple, affection given to children and the realities of everyday life" .
"The most important thing in this decision is that same-sex parenting is finally legally recognized," she argued.