Meeting point
Meeting point
"Since my husband and I split up, he's been behaving aggressively towards me and our son, particularly when he comes to collect my son to exercise his visiting rights. What can I do to protect my child, who doesn't seem to put up with these confrontations very well?"
Maria, Carouge
In principle, the law provides that parents have full and complete responsibility for their child while in care. However, if the child's welfare is at risk, appropriate measures must be taken by the authorities.
Under article 307 of the Civil Code, the guardianship authority takes the necessary measures to protect the child if its development is threatened. In particular, it may remind the father and mother, the foster parents or the child of their duties, give indications or instructions relating to the care, education and training of the child, or appoint a qualified person or office to have a right of inspection and information.
If no legal proceedings are in progress, you will need to contact the guardianship authorities in your child's place of residence, who are responsible for taking measures to protect the child.
If legal proceedings are in progress (divorce or measures to protect the marital union), it is the judge who takes the necessary measures to protect the child, and who may, depending on the circumstances, modify measures that have already been ordered.
That said, the guardianship authorities are competent to take the immediate measures needed to protect the child when it is likely that the judge will not be able to give a ruling in time, even when proceedings are underway.
In particular, the competent authority will be able to order that the child be "exchanged" at a meeting point where one of the parents can drop the child off and the other can pick him or her up at a different time, in order to avoid hurtful confrontations.
