When the custodian demands a bailiff at every handover of the children, this amounts to a failure to hand over a child and contempt of a court order (articles 266 and 476 of the Penal Code). What you can do.
Once the order organising visiting rights has been served and enforced by a bailiff, the custodian is not entitled to demand that the father bring a bailiff to every visit for the handover of the children. Such a demand, when repeated, is a flagrant offence of failure to hand over a child to the person entitled to claim him and contempt of a court order, and exposes its author to prosecution under articles 266 and 476 of the Penal Code.
Why is it a means of pressure?
When a mother repeatedly demands the presence of a bailiff, that demand may be regarded as a means of psychological and financial pressure intended to wear the father down (bailiff's fees at every visit, travel, waiting), which indirectly prevents him from spending time with his children.
What can you do?
- Keep a copy of the visiting order, of the notification report and of the first enforcement.
- Document every refusal to hand over the children or every demand for a new bailiff (bailiff's report, complaint to the judicial police).
- File a complaint for failure to hand over a child with the competent prosecutor.
- Any father prevented from seeing his children, or forced to bring a bailiff to collect them, can contact the association and ask for its support on visiting day to help him maintain the bond with his children.