Residence of the child in case of separation of parents
Verified 24 August 2022 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
The child's residence can be determined by his or her parents (amicably) or by the family judge, depending on how you separate (divorce, de facto separation).
Divorce
In case of divorce by mutual consentHowever, you, as parents, are the ones who determine amicably the residence of your child, within the framework of the divorce agreement registered by the notary.
In case of contentious divorce, your child's residence is determined by the Family Court Judge (Jaf). The judge shall take into account, in particular, his interests.
The residence of your child may also result from an agreement between you, even before the Jaf.
3 possible hypotheses:
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Alternate residence
Your child may live in each of your homes alternately. This can be, for example, 1 week out of 2 or every 2 weeks.
Residence in the home of one of you
Your child may reside only at the home of one of you.
In this case, 2 situations are possible:
- The judge will decide on the conditions for the exercise of right of access of the other parent
- You can agree on the right of access and accommodation (example 1 weekend out of 2 or half of the school holidays)
The habitual residence of your child is always determined according to his interests to guarantee, among other things, his stability, his security...
Residence with another person
Your child may live in another person.
The judge may, exceptionally, decide to fix his residence:
- in another person, preferably chosen from the family
- or in an educational establishment.
This decision is temporary and parents retain, in principle, parental authority. As for the third party, he manages the usual acts (establishment of a passport for the child, authorization for leaving school...).
Video: Can a 13-year-old decide to live with his father or mother in case of divorce?
Vidéo - Can a 13-year-old decide to live with his father or mother in case of divorce?
SMS Conversation
- How's your parents' divorce going?
- Not great...
- My brother doesn't want to live with my father
- Ah yes, anyway!
- Yeah...
- My father is super angry but my brother is 13 years old so it's him who decides
Can a 13-year-old decide to live with his father or mother in case of divorce?
No, in the event of divorce or separation, the child cannot choose to live with his or her father or mother.
Up until the age of 18, it is the parents who decide or the judge if the parents cannot agree.
However, in the event of divorce or separation of his parents, if a judge is seised, the child may ask to be heard. He must write a letter to the judge to be heard or one of his parents can make the request for him. If the judge feels that the child is mature enough, he or she may hear the child or have the child heard by a professional. At this hearing, the child may be accompanied by a person of his or her choice or by his or her lawyer.
The judge's decision does not always follow the child's wishes, but he must take them into account and explain his choice. In all cases, the judge must decide in the best interests of the child.
For more information, see:
Separation of parents: residence of the child
- Divorce, separation: can a child be heard by the judge?
If your child usually resides at home, and you move, you must be informed beforehand the other parent of your move.
If you do not comply with this obligation, you can be punished with 6 months imprisonment and a fine of up to €7,500.
Please note
only a judge may, as part of measures to protect victims of violence, authorize the parent not to reveal his or her address.
You can make a change to the parental agreement if the child's interests require it (evolution of his needs, more adapted system...)
In the case of divorce by mutual consent, you can certify a new parental agreement.
When your child's residence has been determined by the Jaf (whether you disagreed or not), you must re-enter it, using the following form:
Application to the family judge (parental authority, right of access, maintenance...)
Who shall I contact
Separation
If you're married, that you have not cohabited together for 1 year and that you intend to separate (then we are talking about cessation of the community of life), you can set your child's residence amicably.
It is advisable to establish a contract (called parental agreement) between you, date it, sign it and make it certify by the Jaf so she can have enforceability.
If you disagree, you will have to go to the Family Court Judge (Jaf) to determine your child's residence, using the following form:
Application to the family judge (parental authority, right of access, maintenance...)
Who shall I contact
If you're not married and as you separate, you can amicably fix your child's residence. You also have the option of using a family mediator.
However, it is advisable to establish an agreement between you, date it and sign it.
3 possible hypotheses:
Répondez aux questions successives et les réponses s’afficheront automatiquement
Alternate residence
Your child may live in each of your homes alternately. This can be, for example, 1 week out of 2 or every 2 weeks.
Residence in the home of one of you
Your child may reside only at the home of one of you.
In this case, 2 situations are possible:
- The judge will decide on the conditions for the exercise of right of access of the other parent
- You can agree on the right of access and accommodation (example 1 weekend out of 2 or half of the school holidays)
The habitual residence of your child is always determined according to his interests to guarantee, among other things, his stability, his security...
Residence with another person
Your child may live in another person.
The judge may, exceptionally, decide to fix his residence:
- in another person, preferably chosen from the family
- or in an educational establishment.
This decision is temporary and parents retain, in principle, parental authority. As for the third party, he manages the usual acts (establishment of a passport for the child, authorization for leaving school...).
If your child usually resides at home, and you move, you must be informed beforehand the other parent of your move.
If you do not comply with this obligation, you can be punished with 6 months imprisonment and a fine of up to €7,500.
Please note
only a judge may, as part of measures to protect victims of violence, authorize the parent not to reveal his or her address.
You can make a change to the parental agreement if the child's interests so require (evolution of his needs, more adapted system...)
Once you have chosen your child's residence amicably (without going to the family court), you can change it yourself.
However, it is advisable to modify the agreement (the contract) that you have established between you, to date it, to sign it and to make it certify by the Jaf so she can have enforceability.
When your child's residence has been set by the Jaf (whether you disagreed or not), you can re-enter it, using the following form:
Application to the family judge (parental authority, right of access, maintenance...)
Who shall I contact
Who can help me?
Find who can answer your questions in your region
For more information
Telephone administrative information - Allo Public Service
The informants who answer you are from the Department of Justice.
Cost: free service
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For more information
House of Justice and the LawFor more information
Legal permanence
Warning of other parent in case of relocation (Article 373-2)
Measures to protect victims of violence
Intervention of the judge in family matters
Penalty for moving without notifying the other parent (Article 227-6)
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