Separation of parents: relationship between the child and family or close relatives
Verified 01 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Experimentation with compulsory mediation prior to family disputes
Published on 1 January 2023
On an experimental basis, an attempt at mediation is compulsory before any request for amendment of the approved decisions and conventions laying down the procedures for the exercise of parental authority in the courts of Bayonne, Bordeaux, Cherbourg-en-Cotentin, Évry, Nantes, Nîmes, Montpellier, Pontoise, Rennes, Saint-Denis and Tours. The scheme is extended for 2023 and has been extended to 22 courts.
However, this obligation does not apply if violence has been committed against a parent or the child.
When his parents separate, the child has the right to maintain relations with his family: his grandparents, his brothers and sisters, a former step-parent,... It may be a right of access, a right of custody,... This right may be determined by the Family Court (Jaf). It applies equally well when the parents live apart or in a couple. Only the interests of the child can prevent the exercise of these rights.
The child has the right to maintain personal relations with his or her grandparents.
In case of conflict with the parents, grandparents may request a family mediation or contact the JAF: titleContent of the court of place where the child lives.
The family judge is seized by summons. This act consists in informing the opposing party that a trial has been initiated against it and that it is called before a court. The deed is issued by a Commissioner of Justice (former judicial bailiff and auctioneer).
A copy of this document must also be sent to the Registry of the Court of Justice.
Who shall I contact
The Family Affairs Judge (Jaf) decides, in the light of the best interests and needs of the child, if it grants rights of access, or even custody, to grandparents.
Warning
if the child is placed, (i.e. entrusted to a third party, to child welfare, to a foster family, etc.), grandparents will have to get closer to children's judge.
The assistance of a lawyer is necessary.
Depending on the family situation, and in the best interests of the child, the judge may decide either to allow the relationship between the child and his or her grandparents under conditions that he or she may set, or to refuse such relationships.
It is possible appeal the judgment within a period of1 month.
Conditions
The child must not be separated from his siblings. However, it can be in his interest or in case of necessity (endangerment, conflictual relationship, bad influence of his brothers and sisters,...).
The Jaf pronounces on the personal relations between the brothers and sisters.
Procedure
Siblings (or their representative) should ask for a family mediation or contact the JAF: titleContent of the court of the place where the child resides.
The family court can be seized by post (indicating your name, first name, date and place of birth, address of your opponent and the reason for your request).
Who shall I contact
Warning
if the child is placed (i.e. entrusted to a third party, to child welfare, to a foster family, etc.), is the children's judge who is competent.
The assistance of a lawyer is necessary.
Depending on the family situation and in the best interests of the child, the judge may decide either to allow sibling relations under conditions that he or she determines or to refuse such relations.
It is possible appeal the judgment within a period of1 month.
Conditions
In case of separation between a parent and a third party, it is possible to maintain the relationship between the child and that third party. It is necessary that this third party has developed strong relationships with the child during the period when they are lived together.
The judge shall determine in the interests of the child, the conditions of such relations with that third party, in particular where that third party:
- has resided stably with the child and one of the parents,
- has contributed to its education, maintenance or installation (housing),
- has developed lasting emotional ties with him.
At least two of these conditions must be met.
Procedure
One third (stepfather, stepmother) can ask for a family mediation or contact the JAF: titleContent of the court of the place where the child resides.
The family court can be seized by post (indicating your name, first name, date and place of birth, address of your opponent and the reason for your request).
Who shall I contact
Warning
if the child is placed (i.e. entrusted to a third party, to child welfare, to a foster family, etc.), it is the children's judge who is competent.
The assistance of a lawyer is necessary.
Depending on the situation and in the best interests of the child, the judge may decide either to allow the relationship between the child and the third party under the conditions he or she determines, or to refuse such a relationship.
It is possible appeal the judgment within a period of1 month.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you are from the Department of Justice.
Cost: free service
Service available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
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- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
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