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non présentation d'enfant

English translation: failure to produce the child


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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:non présentation d\'enfant
English translation:failure to produce the child
Entered by: Mary-Ann Marque
Options:
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13:17 Jan 13, 2012
French to English translations [PRO]
Law/Patents - General / Conversation / Greetings / Letters / procès verbal
French term or phrase: non présentation d'enfant
PROCES VERBAL
AFFAIRE: contre / X :NON PRESENTATION D'ENFANT, SOUSTRACTION DE MINEUR A AUTORITE PARENTALE

Je maintiens mon dépôt de plainte à l'encontre de X pour les faits de non présentation d'enfant et soustraction d'enfant à l'autorité parentale.
Mary-Ann Marque
France
Local time: 13:31
failure to produce the child
Explanation:
"After repeated attempts, the court issued a show cause for civil contempt for failure to produce the child and followed it with an imprisonment order until ..."
http://www.shpoonkle.com/briefs?keyed=Baltimore-City-Dept-of...

"(3) A court may treat an application under this section as an .... notwithstanding the failure to produce the child, there is no evidence that an ..."
www.theyworkforyou.com/debates/?id=1989-10-23a.598.1

--------------------------------------------------
Note added at 26 mins (2012-01-13 13:43:17 GMT)
--------------------------------------------------

"To what extent do issues around enforceability of court orders motivate ...... common occurrence), failure to attend contact, failure to produce the child for contact ..."
www.justice.gov.uk/downloads/publications/foi.../69978-anne...
Selected response from:

B D Finch
France
Local time: 13:31
Grading comment
thank you!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2failure to produce the child
B D Finch
4 +2Failure to comply with custody and visitation order(s)
jmleger
4 +1failure to handover child (actually, "non-représentation" = failure to return child)MatthewLaSon
3 +2failure to return the child
Alain Mouchel


  

Answers


11 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
failure to return the child


Explanation:
failure to return the child


    Reference: http://www.hcch.net/upload/wop/abd_pd02efs2006.pdf
Alain Mouchel
Local time: 13:31
Works in field
Native speaker of: Native in FrenchFrench
PRO pts in category: 12

Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans
39 mins
agree  Alistair Ian Spearing Ortiz
54 mins
neutral  gallagy2: don't like word "return" here; return from where?
1 hr
neutral  writeaway: with gallagy2. return isn't correct
1 hr
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19 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
Failure to comply with custody and visitation order(s)


Explanation:
In the States these situations are governed by orders issued by the District Court

jmleger
Local time: 06:31
Native speaker of: Native in FrenchFrench
PRO pts in category: 99

Peer comments on this answer (and responses from the answerer)
agree  gallagy2: or to rights of access
2 mins
  -> Thx!
agree  Beatriz Candil Garcia
15 mins
  -> Thx! Mis recuerdos a Alicante. Mi familia española es de Elche.
neutral  B D Finch: While s/he apparently did fail to comply, the particular condition that was not complied with is what needs to be translated.// Of course, but this is translation from French, not an account of a US case (as far as we know).
55 mins
  -> The custody and visitation orders include all possibilities.
neutral  AllegroTrans: agree with last comment
1 hr
  -> The trouble is that you are dealing with two diffeent law systems, roman on one side and common on the other. They don't match exactly. You have to translate the intent.
neutral  writeaway: over translation. not recommended in this type of doc/still safer to just translate the French and not try to adapt it to a different system. it's not for the translator to interpret the meaning.
1 hr
  -> no over-translation. This includes both charges, for which I am not even sure there are exact equivalents in the common law system.
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24 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
non présentation d\'enfant
failure to produce the child


Explanation:
"After repeated attempts, the court issued a show cause for civil contempt for failure to produce the child and followed it with an imprisonment order until ..."
http://www.shpoonkle.com/briefs?keyed=Baltimore-City-Dept-of...

"(3) A court may treat an application under this section as an .... notwithstanding the failure to produce the child, there is no evidence that an ..."
www.theyworkforyou.com/debates/?id=1989-10-23a.598.1

--------------------------------------------------
Note added at 26 mins (2012-01-13 13:43:17 GMT)
--------------------------------------------------

"To what extent do issues around enforceability of court orders motivate ...... common occurrence), failure to attend contact, failure to produce the child for contact ..."
www.justice.gov.uk/downloads/publications/foi.../69978-anne...

B D Finch
France
Local time: 13:31
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 79
Grading comment
thank you!

Peer comments on this answer (and responses from the answerer)
agree  gallagy2: precisely what happened it seems
28 mins
  -> Thanks gallagy
agree  Liliane Hatem
40 mins
  -> Thanks Liliane
neutral  AllegroTrans: this works if there is a Court order requiring child to be "produced" (i.e. date, time, place etc.) but I am inclined to think that it just means "failure to return" i.e. to return child to the custodial parent/// "présenter" has multiple meanings
42 mins
  -> I believe that it is the standard term for that eventuality too. As the source term is "non présentation", failure to "return" the child seems a less accurate translation.
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
failure to handover child (actually, "non-représentation" = failure to return child)


Explanation:
Hello,

First, "non-présentation" = failure to handover child" (to not "produce" him), while "non-représentation" (not to reproduce the child) = failure to return child.

So they do not at all mean the same exact same thing, and in law, this distinction is very important (in everyday language, less so, but still should be made).

See this link:

http://lespapas.com/dossier/dossier 01 non representation en...


http://www.kiwifamilies.co.nz/Topics/Parenting/Separation-an...


Failure to provide or return minor child for visitation; false or fictitious information or assisting in concealing a minor child; concealment or ...

http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?bill...

Finally, "produce", although that is the correct meaning, may not be ideal here if we're talking about visitation right of one of the parents. "Handover" sounds more contextually appropriate, while "produce" is something you'd hear in a document where a child is not brought to court as required by law (i.e., parents fails to produce the child for the hearing).


I hope this helps.



MatthewLaSon
Local time: 07:31
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 137

Peer comments on this answer (and responses from the answerer)
neutral  SJLD: hand over - verb, handover - noun
3 hrs
  -> Yes, absolutely! You get confused when you're in two languages all day (no excuses, I suppose LOL). It sure does look strange to me now. Have a nice evening.
agree  Nicola Baxter
3 days16 hrs
  -> Thank you, Nicola! I appreciate it.
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Changes made by editors
Jan 13 - Changes made by writeaway:
Field (specific)Law (general) => General / Conversation / Greetings / Letters


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