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Withdrawal of parental authority

Verified 11 février 2020 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Parents may be deprived of parental authority in the event of danger or disinterest to the child or in the event of a conviction for crime or offense parents or the child. Withdrawal can be total or partial. It may concern only one parent or both. Withdrawal may be ordered only by a judge: the civil or criminal judge. Withdrawal is provisional. Parents may be granted conditional restitution of some or all of their parental authority.

Danger or disinterest in the child

Parental authority may be withdrawn completely from the parent(s) who are clearly endangering the safety, health or morals of their child:

  • by ill-treatment,
  • or by habitual and excessive consumption of alcohol or drugs,
  • or by notorious misconduct or criminal acts, in particular when the child witnesses physical or psychological pressure or violence exercised by one of the parents against the other parent,
  • or by a lack of care (psychological abuse, moral pressure, material and emotional abandonment of the child...).

Parental authority may also be withdrawn completely from parents in the event of their child's disinterest. This decision is taken:

  • where judicial placement measure has been taken in respect of the child,
  • and that they have voluntarily abstained for more than 2 years from exercising the rights they had retained despite the assistance measure (e.g. absence of a visit from their placed child).

Parental authority can be removed to only 1 parent or to both parents.

Withdrawal of parental authority may involve 1 or more of the children.

Withdrawal of parental authority may be requested by:

Such a request must be made to the court of the place of residence of the parent against whom the action is brought. Lawyer is required.

During the proceedings, the judge may take provisional measures relating to the exercise of parental authority and order a social inquiry.

It may also hear the different parties (including the parents, guardian or any other person to whom the child has been entrusted).

The child may be heard by the court (unless reasoned decision is taken) and assisted by a lawyer. It is the judge who asks him if he wishes to be heard.

The judge may decide to withdraw the parental authority in whole or in part.

The total indent is for all attributes of parental authority..

Partial indentation includes only certain attributes. The judgment may hold in respect of the parents:

  • custody, supervision and education rights and duties,
  • the right to consent to adoption and emancipation.

Withdrawal extends to all children already born at the time of judgment (whether born to married or unmarried parents or adopted children).

If the judge decides to remove parental authority from one parent, the other parent exercises that authority alone.

The judge, who decides to withdraw the parental authority in whole or in part, while the other parent has died or has lost parental authority, may entrust the child:

The child entrusted to Ase, as part of a total withdrawal, acquires the pupil status of the State.. It may be adopted unless the guardian considers that this measure is not appropriate.

For the child entrusted to the Ase, in the context of a partial withdrawal, the powers are divided between the parents and the service. Parents generally maintain relationships with the child.

In order to seek the restitution of parental authority, the parent(s) must justify new circumstances in the child's interest.

This refund may be total or partial.

Such application may be submitted to the court 1 year after the judgment giving the withdrawal. However, the child should not be placed for adoption.

Conviction for crime or offense

Withdrawal of parental authority may take place in 2 cases if the parent or parents have been convicted:

  • as authors, co-authors or accomplices of crime or offense (including violence) committed against their child or other parent,
  • or as co-perpetrators or accomplices in a crime or offense committed by their child.

Parental authority can be removed to only 1 parent or to both parents.

Withdrawal of parental authority may involve 1 or more of the children.

The withdrawal of parental authority from the parent(s) shall be ordered by the criminal court.

The judge may decide to withdraw the parental authority in whole or in part.

The total indent is for all attributes of parental authority..

Partial indentation includes only certain attributes. The judgment may hold in respect of the parents:

  • custody, supervision and education rights and duties,
  • the right to consent to adoption and emancipation.

Withdrawal extends to all children already born at the time of judgment (whether born to married or unmarried parents or adopted children).

If the judge decides to remove parental authority from one parent, the other parent exercises that authority alone.

The judge, who decides to withdraw the parental authority in whole or in part, while the other parent has died or has lost parental authority, may entrust the child:

The child entrusted to Ase, as part of a total withdrawal, acquires the pupil status of the State.. It may be adopted unless the guardian considers that this measure is not appropriate.

For the child entrusted to the Ase, in the context of a partial withdrawal, the powers are divided between the parents and the service. Parents generally maintain relationships with the child.

In order to seek the restitution of parental authority, the parent(s) must justify new circumstances in the child's interest.

This refund may be total or partial.

Such application may be submitted to the court 1 year after the judgment giving the withdrawal. However, the child should not be placed for adoption.