Can a parent have access without exercising parental authority?

Verified 11 June 2021 - Directorate for Legal and Administrative Information (Prime Minister)

Yeah. Yeah. Depending on the family situation, the Family Court Judge (Jaf) may grant to the non-practicing parent parental authority one right of access and accommodation in the interest of the child.

In some cases, the judge may organize the right of access in a meeting place (neutral place outside the home of each of the parents) designated for this purpose to ensure the continuity of the child's ties with that parent. This is the case, for example, when a parent is placed in a medical facility or has no permanent residence or is in prison.

The parent exercising sole parental authority must not prevent the other parent from exercising his right of access. In case of non-compliance with the judicial decision, he can face criminal sanctions (1 year imprisonment and €15,000 of fine).

Conversely, in the interests of the child, the judge may deny the right of access and accommodation to the parent who does not exercise parental authority. However, he can only do so for serious reasons (endangering the child's life, violence, etc.).


the parent who does not exercise parental authority shall retain the right and duty to supervise the maintenance and upbringing of the child.