Question juridique clé
Whether the mother had passive standing in the action to modify child maintenance
Solution extraite
Passive standing existed both for the custodial parent and for the child; the mother could therefore be sued.
Motifs extraits
Under Art. 318(1) CC, the custodian may litigate the child’s patrimonial rights in her own name. This principle applies to maintenance claims as well, including modification of a convention-approved support agreement.