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Exercise of parental authority

Verified 14 February 2019 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Parental authority confers rights on parents and places duties on them vis-à-vis their minor child. These rights and obligations are expressed in various ways: care for the child, his health, his education, his heritage... Depending on the case, parental authority may be exercised jointly (by both parents) or by a single parent.

Parents have a duty protection and maintenance their child. They must look after his safety and contribute to his material and moral maintenance, that is to say, feed him, shelter him, make medical decisions, monitor his relations and his movements... Each parent must contribute to the child's care, based on the resources of the parent and the needs of the child,

Parents have a duty education, they must ensure his intellectual, professional, civic education... Parents who do not insure compulsory education of their child, are subject to criminal sanctions,

Parents have a duty wealth management(right of administration and enjoyment of the child's property).

The exercise of parental authority depends on the marital status of the parents and the recognition of the child.

Wedding

Both parents exercise parental authority in common.

Pacs or union

The mother automatically benefits from the exercise of parental authority as soon as her name appears on the birth certificate of her child.

The father has rights with respect to the child only if he has them recognized..

If he recognized the child before the age of one year, he shall exercise parental authority in common with the mother.

If he recognized the child after one year of age, the mother alone exercises parental authority. However, after recognition, the father may also be awarded exercise of parental authority under certain conditions..

Separation

Parental authority remains an obligation for the parents even if they no longer live together (divorce, end of cohabitation, dissolution of the park).

Each parent must maintain personal relationships with the child and respect the child's relationship with the other parent.

However, the father has rights in respect of the child only if he is married to the mother or if he has the mother recognized..

If he recognized the child before the age of one year, he shall exercise parental authority in common with the mother.

If he recognized the child after one year of age, the mother alone exercises parental authority.

If the interests of the child so require, the Family Court may entrust the exercise of parental authority to a single parent.

The exercise of the right of access and accommodation may be denied to the other parent only on serious grounds.

Death-Incapacity

Only one parent exercises parental authority over the child if the other parent:

  • died,
  • or is no longer able to exercise his authority (absence or incapacity or other cause),
  • or remove its authority.

Usual acts

In the case of joint exercise of parental authority, one parent may, in particular, do without the need to seek the agreement of the other parent:

  • a request for exemption from the school card,
  • leave to attend school,
  • re-enrollment...

In case of disagreement between the parents on a decision to be taken in the interests of the child, one of them may judge Jaf..

Please note

urgent surgery requires the permission of both parents.

Acts modifying the assets of the child

When an act alters the child's patrimony, the guardianship judge must systematically authorize it. This is the case, in particular, for the sale and incorporation of an immovable or a commercial property belonging to the minor, the conclusion of a loan in his name or the renunciation for him of a right. The application for authorization by the tutelary judge is made with the form cerfa n°15731.

Application to the guardianship judge for authorization of an act in the framework of a legal administration

If both parents exercise parental authority and one parent disagrees with the other, he or she may refer the matter to the guardianship judge on form cerfa n°15733.

Application to the guardianship judge in case of disagreement on an act in the framework of a legal administration

If you want to report an abuse or have an act checked, whether you are a parent or a professional (banker or notary, for example), you must use the form cerfa n°15732.

Application to the judge of guardians for the purpose of supervision in the framework of a legal administration

Some acts are prohibited. The legal administrator may not, even with the authorization of the guardianship judge, release property or rights from the property of the minor free of charge, acquire a right or claim from another person against the minor, engage in a trade or profession in the name of the minor or transfer property or rights of the minor to another person in the interest of a beneficiary.

Parental authority shall cease:

  • majority of the child,
  • or child empowerment,
  • or when the parents are deprived of their rights.

FYI  

in some cases, parental authority may be delegated to a third party..