Parental authority in the event of separation of parents

The 2 parents exercise parental authority in common.

Where a child is recognized by a single parent, that parent alone exercises parental authority.

Even if you no longer live together (divorce, ending cohabitation, dissolution of Civil partnerships), you continue to have rights and duties to your child.

Your separation from the other parent is no impact on the exercise of theparental authority.

Each parent should maintain personal relationships with the child and respect links of this one with the other parent.

Each parent has the same rights and obligations towards the child.

Despite your separation, you must communicate with each other and to take decisions together about your child.

You must decide together the residential relationship of your child, the modalities of exercise of the right of access and/or accommodation, maintenance payments, etc.

During the child's life, you have to make decisions about his or her health, education, schooling, name, religious choices, removal, etc.

You can make decisions alone about medical follow-up, routine care or urgent actions for the child's health. Other medical procedures should include the agreement of the two parents.

The customary acts (registration or cancelation of the child in a school, medical check-up, permission to leave school...) does not require the agreement of the other parent. However, you must inform him or be informed by any means (mail, phone call, email...).

This information allows the opposing parent to take legal action.

In case of disagreement, this parent can refer the child's place of residence to the family court.

During a divorce, arrangements for the care of the child and the contribution to its maintenance are fixed either in the judgment, or in the divorce agreement in the case of divorce by mutual consent.

When unmarried parents (concubines, CIVIL PARTNERSHIP partners) separate, arrangements for the care of the child and the contribution to its maintenance may be established amicably in a convention. If the parents disagree, they can go through mediation or the judge.

This is also the case for parents who are married during a de facto separation.

Sometimes, one of the parents does not respect your relationship with the child or makes important decisions that you oppose without consulting you. For example, he alone decides to get the child tattooed without telling you about it.

You can challenge that decision if it does not respect interests of the child or if it is likely to have adverse consequences. You must inform the other parent of your disagreement by all means.

If the parent upholds the decision, you can enter a family mediator or the Jaf: titleContent.

You can also enter a family mediator or the Jaf: titleContent, whenever you have difficulties with the other parent in exercising parental authority. For example in case of non-respect of your right of visit and/or accommodation, etc.

When the best interests of the child is not preserved, the judge may entrust theexercise of parental authority over the other parent. This is the case, for example, if the parent disregards the child or obstructs the exercise of parental authority by the other parent or in decisions concerning the child.

This parent doesn't makes more decisions relating to the child. It is the parent who has sole parental authority who makes the decisions.

When a maintenance has been fixed, the parent debtor duty continue to pay it.