Toulouse: divorces, child custody… justice at a standstill
The jurisdiction of family affairs is very congested in Toulouse. To divorce or settle alimony, you have to be patient.
“Today, in Toulouse, we can no longer divorce”. Anger is brewing on the side of the Haut-Garonne litigants who are awaiting a trial and a decision from the family court judge. Faced with a completely overcrowded jurisdiction, they no longer obtain hearing dates, or “drip-feed”. Divorces, custody of children, alimony… Everything is on hold. Not that the jurisdiction is at a total standstill but it lacks judges and cases are piling up.
“At the Toulouse bar, we are annoyed by this deplorable state, describes Me Pierre Dunac, the chairman. We are particularly concerned about this subject and its consequences. While politicians have not ceased to show a desire to fight against domestic violence, this subject should be an essential point. It is inadmissible that a jurisdiction like Toulouse does not have sufficient means”.
While the population continues to grow in Haute-Garonne, the jurisdiction of family affairs, which absorbs 60% of civilians, has six judges. In theory. Retirement, illness… “the absence rate makes things worse”, observes Xavier Pavageau, president of the judicial court.
Concretely, today, “if everything is ready for a divorce, the date will not be fixed before April 2023, describes a specialized lawyer. The reduction in the number of judges spreads the processing of cases over time. Delays like these are inadmissible. »
Because, behind these delays, often untenable situations are hidden. “To have an alternating custody judgment, for example, it takes a year. On a child, a year is an eternity. For a 4-year-old child, a year is 25% of his life! The link breaks with the parent, deplores Laurent Carmona, president of the Rights and Duties of Fathers association. Dads no longer have any contact if the child is not introduced to them. Some people are leaving Haute-Garonne. »
For him, it is necessary “to double the number of magistrates, clerks…” This situation can lead to conclusions. “It can lead to violence. Rather than waiting a year, the parent will do everything to pick up their child when they leave school, at the leisure centre. It’s human. We are made up like that. You take it away from someone, how does it go? he asks. The slippages come from there. For there to be no war, no conflict, the procedures must be reduced in time. »
The hopes of litigants and their lawyers are turned towards June 3 when the Chancellery will or will not grant new judges to Toulouse.
The criminal tense as the civil
In February, Samuel Vuelta-Simon, Public Prosecutor of Toulouse, and Xavier Pavageau, President of the Judicial Court, took stock of the year 2021. They had already noted crime and business which explode in the face of a deprived justice but whose effectiveness is successful. “Time is at the heart of our issues today,” explained the prosecutor. To fight battles, you need weapons and soldiers. Our soldiers are in short supply here in Toulouse but also everywhere in France. Our weapons are the law, and justice must be seized with new powers. It gets very tense. “Among the eleven most important jurisdictions in France, Toulouse is ranked last with only 27 prosecutors, “it would take 153” and 69 judges at the seat.