Delegation of parental authority
Verified 03 July 2020 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
The delegation of parental authority may be forced or voluntary. Where circumstances so require, the exercise of parental authority may be delegated to a third party or to a specialized body (family member, child welfare service, etc.). It is intended to help parents raise their children. It is pronounced by the Family Court Judge (Jaf) and is provisional.
Forced delegation
In case of parental neglect or if the parents are unable to exercise their parental authority, it may be delegated to a third party. This third party may be an organization or a person.
The following persons or institutions may request to delegate the exercise of parental authority:
- Establishment or departmental service of Social Assistance for Children (ESA) who took the child
- Parquet
- Person who collected the child
- Family member
For the delegation to be valid, the person or institution wishing to delegate parental authority must refer the matter to the Family Court (Jaf) of the court of the child's domicile. This request is made with the form cerfa n°16077.
The form may also be sent to public prosecutor, which shall transmit to the court.
The assistance of a lawyer is not compulsory.
Who shall I contact
To help him make his decision, the judge asks for a social inquiry.
The purpose of this survey is to gather information on the situation of the family and the conditions in which children live and are raised.
This survey includes a meeting with parents and children. It also includes contacts with the school, the doctor and people who may be in contact with the family (social worker, psychologist, etc.).
The delegation of parental authority shall be decided by the JAF: titleContent.. It allows partial or total transfer of parental authority. The judge makes his decision taking into account the feelings of the child and the ability of the parties to respect the rights of the other. It also takes into account the information gathered during the social survey and the interests of the child.
Where the child is subject to a judicial, the delegation may intervene only after the opinion of the juvenile judge.
Delegation is not final, new circumstances may change or terminate it.
The JAF: titleContent must be submitted by the parent(s) or delegate.
To request the end of the delegation (revocation), you must use the form cerfa n°16097.
Application to revoke a delegation of parental authority
If the child returns to his or her parents' home, the judge may ask them to reimburse them for child maintenance (unless they are unable to pay).
The parental authority may also be transferred again if the person initially in charge of the child no longer wishes or can no longer assume the delegation. The Jaf can then decide on a new delegation of parental authority using the same procedure as the first time.
The transfer request is made with cerfa n°16096.
Application for transfer of a delegation of parental authority
Voluntary delegation
Parents may request the delegation of their parental authority the transfer of their authority is essential to the best interests of the child, and if circumstances so require.
These are situations where parents can no longer exercise parental authority on a temporary basis (e.g., due to remoteness, illness, hospitalization, incarceration, difficulties with the child).
The delegation of parental authority does not necessarily entail the placement of the child with a third.. In this case, the parents continue to raise their child with the help of a third party.
Parents, together or separately, may request the delegation of parental authority, regardless of the child's age.
Parents may choose the person to whom they wish to delegate the exercise of their parental authority. The delegate may be one of the following:
- Family member
- Trustworthy close
- Registered institution for the collection of children
- Departmental Social Assistance for Children (Ase)
For the delegation to be valid, the parent(s) and the chosen delegate must refer the matter to the Family Court Judge (Jaf) of the child's home court. This request is made by mail.
Who shall I contact
The assistance of a lawyer is not compulsory.
The request for delegation shall be made using Cerfa form n°16076.
Delegation is not final, new circumstances may change or terminate it.
The JAF: titleContent must be submitted by the parent(s) or delegate.
To request the end of the delegation (the revocation) you must use the form cerfa n°16097.
Application to revoke a delegation of parental authority
If the child returns to his or her parents' home, the judge may ask them to reimburse them for child maintenance (unless they are unable to pay).
The parental authority may also be transferred again if the person initially in charge of the child no longer wishes or can no longer assume the delegation. The JAF: titleContent may then decide on a new delegation of parental authority in the same way as the 1st time.
The transfer request is made with cerfa n°16096:
Application for transfer of a delegation of parental authority
- Civil Code: Articles 376 to 377-3Delegation of parental authority
- Code of Civil Procedure: Articles 1202 to 1210Approach
- Civil Code: articles 381-1 to 381-2Judicial declaration of parental abandonment
- Parental authorityService-Public.fr