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Right of access and accommodation in the event of separation of parents

Verified 24 August 2022 - Directorate for Legal and Administrative Information (Prime Minister)

As separated parents, you wonder about the right of access and accommodation? This right consists in receiving your child at your home (in most cases) at an agreed or defined frequency. You can set it out amicably or, in case of disagreement, call on the family court judge. In the interests of the child, the judge may deny access and accommodation to the parent who does not exercise the rightParental authority.

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You agree and you have set the terms of access and accommodation together

You are divorced or have stopped living together for more than 1 year

In the course of the divorce by mutual consent, you can agree on the conditions of your child's access and accommodation.

It's the notary who certify the agreement.

If you are in cessation of community of life (i.e. you have not lived together for more than 1 year and you intend to separate), it is up to you to organize the conditions of the right of access and accommodation.

You can formalize your agreement in a letter that you must sign.

You're unmarried and separated

If you separate and were not married, you can organize the conditions of the right of access yourself. It is advisable to formalize an agreement signed by the 2 parents.

You can also ask the Family Court Judge tocertify your agreement using the following form:

Joint request for the approval of a parental agreement

This form also includes templates for conventions.

The following documents must be attached to the form:

Other documents may be useful depending on your request (proof of domicile, tax assessment,...).

You must address your application to the court of the child's place of residence.

Who shall I contact

You disagree

In case of disagreement, whether you're married or not, you must apply to the family court judge to determine the conditions of your child's right of access and accommodation.

Who shall I contact

The judge may arrange access and accommodation with either parent or with the other, or opt for alternate residence.

The right of access is to be able to meet your child at the home of the other parent or at a specified neutral location (e.g. meeting place dedicated to this purpose).

The right of accommodation is to welcome (day or night) your child at home for a set period of time. This right may be granted according to different formulae:

  • Week at one parent and 1 out of 2 weekends at the other parent with shared school holidays
  • 1 week with one parent, and 1 week with the other parent with shared school holidays
  • 15 days with one parent, 15 days with the other parent with shared school holidays
  • 1 month with one parent, 1 month with the other parent with shared school holidays

If your child usually resides at home, you move, you must inform him beforehand 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.

The change of residence is also a reason to request a review of the right of access and accommodation.

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.

If you have rights of access and accommodation and you prevent the other parent from exercising those rights, he or she may complain. It must be brought before the public prosecutor of the court of the child's domicile.

Who shall I contact

You can then be punished for not representing a child.

Preventing the other parent from exercising his right of access and accommodation shall be punishable by one year's imprisonment and €15,000 of fine.

FYI  

the fact that the child does not wish to return to the other parent does not absolve the parent with whom he was staying from returning him in accordance with the right of access and accommodation fixed by the judge. If he does not do so, he may be sanctioned.

Where the direct surrender of the child to the other parent presents a danger to one of them, it is the judge who arranges it. It may provide that it is carried out in a meeting place fixed, or with the assistance of a trusted third party (a parent, a social worker, etc.).

You can modify the conditions of the right of access and accommodation (example: you want to welcome your child over a longer period).

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Your right of access and accommodation has been determined by the judge

If the conditions of access and accommodation have been fixed by the judge, the parent who wishes to change the conditions of exercise must apply to the family court with the following form:

Application to the family judge (parental authority, right of access, maintenance...)

Who shall I contact

The right of access and accommodation has been fixed between you

In the absence of a decision by the judge, you may decide to modify, by mutual agreement, the exercise of the right of access and accommodation.

However, in case of disagreement between you, you will have to enter the Jaf using the following form:

Application to the family judge (parental authority, right of access, maintenance...)

Who shall I contact

FYI  

you also have the option to use the family mediation.

In the best interests of the child

The right of access of one of the parents may be abolished by the judge if the interest of your child justifies it (in case of violence, neglect...).

In case of domestic violence

The right of access of one of the parents may be suspended by the judge as part of the judicial supervision of the parent who perpetrates domestic violence.

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
    • Friday: 1 p.m. to 4:15 p.m

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