Parental authority in the event of separation of parents
Verified 22 August 2023 - Legal and Administrative Information Directorate (Prime Minister)
You have a common child and you separate. You want to know who exercises parental authority? What are your rights and obligations towards the child and the other parent? Want to know how to act in case of difficulty? We'll explain the procedure.
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 your child's life, you should to make decisions concerning his health, education, schooling, name, religious choices, removal, etc.
For customary acts (visit to the doctor, permission to leave school...), the authorization of the other parent is not mandatory. 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.
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.
Parental Agreement
You agree every 2 on how toorganizing your child's life after your separation. In this case, you can establish a parental agreement.
To give this convention the same validity of a judgmentNo, you have to do it certify by a Jaf: titleContent. This allows you to request execution (for example, to recover the unpaid maintenance...).
The court of competent jurisdiction is the one on which your child's residence depends.
The lawyer is not obligatory.
Who shall I contact
If you stare the child's residence in one of your homes, you can use the following convention template:
Model parental agreement - Residence and rights of access and accommodation
If you choose alternating residence for your child, you can use this convention template.
Model parental agreement - Alternate residence
The parental agreement may be drawn up using the CERFA 11530 form.
Application to the family judge (parental authority, right of access, maintenance...)
When the parental agreement is established, you can request its approval to Jaf: titleContent with CERFA 16139.
Family mediator
If you have disagreements, the intervention of a family mediator can help you.
When the parental agreement is established with the family ombudsman, you can apply for his approval at the Jaf: titleContent with the following form:
Joint request for the approval of a parental agreement
The court of competent jurisdiction is the one on which your child's residence depends.
The lawyer is not obligatory.
Who shall I contact
Family Court Judge
In case of disagreement with the other parent about how parental authority should be exercised, you can enter the Jaf: titleContent.
In some courts, family mediation is obligatory before any request to the Jaf: titleContent.
In case of domestic violence within the couple or on a child, you cannot use family mediation.
The competent court is the court on which the child's residence depends.
The lawyer is not obligatory for this procedure.
Who shall I contact
The application is made using the CERFA form n°11530.
Application to the family judge (parental authority, right of access, maintenance...)
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.
Family mediator
The intervention of a family mediator can help you re-establish communication and resolve the conflict with the other parent. The two parents must agree on the principle of mediation and participate in it.
The family mediator can explain to you how parental authority is exercised jointly, how to communicate with each other in the best interests of the child.
The list of family mediators is provided by the court on which the child's domicile depends. The Caf: titleContent can also give you that list.
FYI
Family mediation is not possible if violence have been committed within the couple or on the child.
Family Court Judge
In case of disagreement with the other parent, you can initiate proceedings before the Jaf: titleContent.
You can request a change in the exercise of parental authority.
The competent court is the court on which the child's residence depends.
The lawyer is not obligatory for this procedure.
Who shall I contact
The application is made using the following CERFA form.
Application to the family judge (parental authority, right of access, maintenance...)
FYI
In case of emergency (e.g. school change), it is possible to enter the Jaf: titleContent quickly with the interim proceedings. The judge can decide whether the change can take place.
The judge may order a parent to pay a civil fine of €10,000 maximum if that parent deliberately obstructs the exercise of parental authority by the other. For example, if one parent wants to enroll the child in a school, in a sports activity and the other parent systematically takes a procedure to oppose it without valid reasons.
When the best interests of the child (his safety, his health, his morality...) is not preserved or if a parent does not care about him, he can see himself to withdraw the exercise of parental authority.
This parent can no longer make a decision for her child.
When a maintenance has been fixed, the parent debtor duty continue to pay it.
FYI
The judge shall hear an application for total withdrawal of parental authority may also decide on the renaming of the child. The consent of the minor over 13 years of age must be obtained.
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
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
Exercise of parental authority by separated parents
Intervention of the judge in family matters
Approval of the parental agreement by the court
Article 227-6 of the Criminal Code