Delegation of parental authority
Verified 13 October 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
The delegation of parental authority, i.e. the transfer of your rights and duties towards your children, is intended to help you and/or support you in their education and upbringing. This transfer may be partial or total, voluntary or forced. When circumstances so require (hospitalization, incarceration), parental authority may be delegated to another person (family member) or to a specialized agency (child welfare service).
The delegation of parental authority is pronounced by the Judge for Family Affairs (Jaf) and is temporary.
Voluntary delegation
As parents, you can apply for it in the best interests of your child, regardless of age, temporarily, together (father and mother) or separately.
You can implement it, for example, in the following situations:
- Remoteness
- Disease
- Hospitalization
- Prison
- Difficulties with your child
The delegation of parental authority does not necessarily entail the placement of your child with a third party. In the case of a voluntary delegation, you continue to raise your child with the help of another person.
The delegate can be the person you want.
This can be one of the following:
- Family member
- Trustworthy near
- Registered childcare facility
- Departmental Service of child welfare (Ase)
You (as parents, together or separately) and the chosen delegate must apply to the Family Court (Jaf) of the court of the child's domicile for the transfer to be valid.
Who shall I contact
The application is made using the following form:
Request for voluntary delegation of parental authority
FYI
the assistance of a lawyer is not mandatory.
The delegation is not final.
It may be amended or terminated in the event of new circumstances.
In these cases, you (parents, together or separately, or delegate) will need to re-enter the JAF: titleContent.
To request the end of the delegation (we speak of revocation), you must use the following form:
Application for revocation of a delegation of parental authority
If your child returns home, the judge may ask you to reimburse the child maintenance costs (unless you are unable to pay).
Parental authority may also be transferred again if the person initially in charge of the child is no longer willing or able to assume the delegation.
The JAF: titleContent may then decide on a further delegation of parental authority in accordance with the same procedure as for the first time.
The transfer request is made using the following form:
Request for the transfer of a delegation of parental authority
Forced delegation
The following persons or institutions may request it:
- Departmental establishment or service of Child Welfare (CSO) who took the child in
- Parquet Floor
- Person who took the child in
- Family member
It may be requested by a person or organization in any of the following cases:
- Parental neglect
- Impossibility for parents to exercise their rights and duties towards their children
The person or institution must apply to the Family Court (Jaf) of the court of the child's domicile for the transfer to be valid.
This request is made using the following form:
The form may also be sent to the Public Prosecutor, that transmits to the court.
Who shall I contact
FYI
the assistance of a lawyer is not mandatory.
To help him make his decision, the judge asks for a social inquiry.
The purpose of this survey is to collect information on your family situation, living conditions and education of your children.
To do this, the judge contacts you, your children, the school, the doctor and people possibly in relation to your family (social assistance, psychologist...).
The Family Court Judge makes his or her decision taking into account the following:
- Opinion and best interests of the child
- Ability of the parties to respect each other's rights
- Information collected during the social survey
The decision of the Family Court Judge allows the partial or total transfer of parental authority.
FYI
where the child is the subject of a judicial placement, the opinion of the judge children is essential for the delegation to be able to intervene.
The delegation is not final.
It may be amended or terminated in the event of new circumstances.
In these cases, you (parents, together or separately, or delegate) will need to re-enter the JAF: titleContent.
To request the end of the delegation (we speak of revocation), use the following form:
Application for revocation of a delegation of parental authority
If the child returns to his or her parents, the judge may ask them to reimburse the child maintenance costs (unless unable to pay).
Parental authority may also be transferred again if the person initially in charge of the child is no longer willing or able to assume the delegation. The Jaf can then decide on a new delegation of parental authority according to the same procedure as the first time.
The transfer request is made with the cerfa n°16096.
Request for the transfer of a delegation of parental authority
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
- Judicial Tribunal
- House of Justice and the Law
Delegation of parental authority
Judicial Declaration of Parental Neglect
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