Separation of parents: residence of the child
Verified 10 February 2020 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
In the event of separation of the parents, the residence of the child shall be fixed either with one of the parents or with both parents in the case of joint custody. The residence of the child may exceptionally be fixed in a third person.
Divorce
If the parents agree, the residence of the child may be determined by the agreement approved by the family court.
If the parents do not agree, it is a decision of the family court that determines the residence of the child.
The residence of the child shall be determined during the divorce proceedings.
Alternate residence
The child may reside alternately at the home of each parent (definitively in case of agreement between the two parents or provisionally in case of disagreement).
At the home of one of the parents
The child may reside at the home of one of his parents. The judge will decide the conditions for the exercise of the right of access the other parent.
Third party
The child may reside with a third party. The judge may, exceptionally, decide to fix the residence of the child:
- or another person chosen preferably from the family,
- in an educational institution.
This decision is only provisional and the parents retain parental authority.
The parent in whom the child normally resides must notify the other parent of the change of address within one month. If this period is not respected, he is punished by 6 months' imprisonment and a fine of up to €7,500..
Please note
only a judge can, as part of measures to protect victims of violence, allow the parent not to reveal his or her address.
To change the place of residence of the child as determined by the judge, the parent (separated, divorced or separated from his or her body) must use form cerfa n°11530 to refer the matter to the judge.
Application to the Family Court (parental authority, right of access, maintenance...)
Who shall I contact
Separation
Unmarried parents who separate may, by mutual agreement, determine the residence of the child.
In the event of disagreement, they may refer the matter to the family court, which will determine the residence of the child. They must use the form cerfa n°11530.
Application to the Family Court (parental authority, right of access, maintenance...)
Who shall I contact
Alternate residence
The child may reside alternately at the home of each parent (definitively in case of agreement between the two parents or provisionally in case of disagreement).
At the home of one of the parents
The child may reside at the home of one of his parents. The judge will decide the conditions for the exercise of the right of access the other parent.
Third party
The child may reside with a third party. The judge may, exceptionally, decide to fix the residence of the child:
- or another person chosen preferably from the family,
- in an educational institution.
This decision is only provisional and the parents retain parental authority.
The parent in whom the child normally resides must notify the other parent of the change of address within one month. If this period is not respected, he is punished by 6 months' imprisonment and a fine of up to €7,500..
Please note
only a judge can, as part of measures to protect victims of violence, allow the parent not to reveal his or her address.
Where the separated parents have agreed on the place of residence of the child (without referring the matter to the judge), they may change the place of residence themselves.
In the event of a disagreement or if the judge had previously intervened to determine the residence of the child, they must refer the matter to the judge, using form cerfa n°11530.
Application to the Family Court (parental authority, right of access, maintenance...)
Who shall I contact
- Civil Code: articles 373-2 to 373-2-5Other parent's notice of removal (section 373-2)
- Civil Code: Articles 515-9 to 515-13Measures to protect victims of violence
- Civil Code: articles 373-2-6 to 373-2-13Intervention by the Family Judge
- Penal Code: Articles 227-5 to 227-11Penalty for moving without notifying the other parent (section 227-6)