Withdrawal of parental authority

Endangering your child

The civil judge can completely remove your parental authority if you endanger your child's safety, health or values:

• Abuse (psychologic abuse, moral pressure)
• Habitual and excessive use of alcohol or drugs
• Recognized and regular misconduct or serious acts (physical or psychological pressure or abuse on another person your child witnesses)

Disinterest in your child

Parental authority may also be withdrawn entirely in case of disinterest for your child. For example, it could be a lack of care, a material and emotional abandonment of your child.

This decision is taken in the following situations:

• When a judicial placement order has been taken in respect of the child
• When, for more than 2 years, you voluntarily chose not to visit your foster child during the assistance measure, even though you had retained the right to do so

Parental authority can be removed from only 2 parents or only one of 2 parents.

The withdrawal of parental authority may affect one or more of your children.

Withdrawal of parental authority may be requested by the following persons:

• Public Prosecutor
• Family member
• Guardian of the child
• Departmental Child Welfare Service (Ase)

This request is made to the court of the place of residence of the parent against whom the action is brought.

The assistance of a lawyer is mandatory.

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

The judge may also hear the various parties (in particular the parents, guardian or any other person to whom the child has been entrusted).

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

The judge may decide on the total or partial withdrawal of parental authority.

The total withdrawal shall cover all the rights concerned by parental authority.

The partial withdrawal is for certain items only. The judgment may uphold the following:

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

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

If the judge decides to take away your parental authority only, the other parent exercises that authority alone.

The judge, who decides on the partial or total withdrawal of parental authority, while the other parent has died or lost his rights and duties, may entrust the child. The latter may be provisionally handed over to a third party (family member or not) who will organize the guardianship or to the departmental child welfare service (Ase).

If your child is handed over to Asia, as part of a total withdrawal, he gets the state ward status. It can only be adopted if the guardian considers that this measure is not in the best interests of your child.

In the case of a child entrusted to the ESA, in the context of a partial withdrawal, the rights to the child are divided between the parents and the ESA. Parents usually maintain relationships with their child.

Now, the judge who decides on the total withdrawal of parental authority can also decide on the change of name of the child. However, personal consent must be obtained if the child is over 13 years of age.

In order to request the return of parental authority, you or the other parent must justify a significant change in your situation, allowing the life of the child to be re-ensured in a normal and safe manner.

This refund may be total or partial.

Your application may be submitted to the court 1 year after the judgment that ordered the withdrawal. However, your child should not be placed for adoption.