Withdrawal of parental authority 

Verified 03 mai 2024 - Directorate for Legal and Administrative Information (Prime Minister)

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  • Conviction for a crime
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Danger or disinterest in the child

Child endangerment

Parental authority may be withdrawn entirely from parents who clearly endanger the safety, health or morals of their children.

The court can order the withdrawal of parental authority in the following situations:

  • Abuse by parents
  • Usual and excessive use of alcohol or drugs by parents
  • Known misconduct or criminal behavior by parents (particularly when the child witnesses physical or psychological pressure or violence exerted by one parent on the other parent)
  • Lack of care or direction

Disinterest in the child in the context of educational assistance

Parental authority may be withdrawn entirely from parents in the event of a lack of interest in their child.

This decision is taken if the following 2 conditions are met:

  • One educational assistance measure has been taken in respect of the child
  • The parents have voluntarily abstained for more than 2 years to exercise the rights and duties they had retained despite the assistance measure (for example, the parent who does not hear from his child while exercising parental authority).

Parental authority may be withdrawn at 1 parent only or to 2 parents.

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

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

Application to the courts

The application shall be in the form of a request drafted by counsel for the applicant.

The application must be filed or addressed to the court of the place of residence of the parent against whom the action is brought.

Who shall I contact

Preparation of the file and convening

The parts shall be convened at least 8 days before hearing. The summons shall be sent by letter RAR: titleContent.

The lawyer is obligatory for all parties to the proceedings.

Pending the hearing, the court may take interim measures relating to the exercise of parental authority.

The court may also order measures to learn more about the personality and living conditions of the minor and his or her parents. In particular, it can set up a judicial educational investigative measure, medical examinations or psychiatric and psychological assessments.

FYI  

The file may be consulted in court, until the day before the hearing, by the applicant, the parents, the guardian, the person or department to whom the child has been entrusted or their lawyers.

Audience

The procedure is oral this means that the parties' claims and arguments must be presented orally at the hearing.

The case is being heard in council chamber.

At the hearing, the court shall hear the parents, guardian, person or representative of the service to which the child has been entrusted.

The court may also hear any person whom it considers useful.

FYI  

The child shall also be heard by the court at his or her request. For this hearing, he may be assisted by a lawyer.

Decision and notification

The court makes a judgment.

This judgment shall be notified by letter RAR: titleContent, within a maximum of 8 days.

The notification shall be made to the applicant, the parents, guardian, person or department to whom the child has been entrusted or to the third party entrusted with the task.

However, the court may decide that the notification be made by a Commissioner of Justice.

Appeals

The persons to whom the judgment is notified may appeal.

The call must be made within 15 days of notification the decision.

The lawyer is mandatory  for the appeal procedure.

It's up to the lawyer to make the appeal  at the registry of the court of appeal.

The court may decide total withdrawal or partial parental authority.

As a matter of principle, the withdrawal applies to all children already born at the time of judgment. However, the court may decide that the total or partial withdrawal of parental authority shall have effect only in respect of some of the children already born.

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Total Indent

The total indent is for all attributes of parental authority.

A parent who is deprived of parental authority shall not no more rights or responsibilities towards his child.

He no longer has the right to make decisions about the child.

It also loses the benefit oflegal administration and lawful enjoyment on the child's property.

Warning  

Withdrawal does not remove the obligation on the parent to contribute to the maintenance and upbringing of his or her child.

The parentage between child and parent is retained.

However, if the withdrawal of parental authority extends to both parents and the child is taken in by the child welfare service, the child becomes adoptable by plenary adoption.

If the removal involves only one parent, the child becomes can be adopted by the CIVIL PARTNERSHIP, partner or cohabiting partner of the parent who has retained parental authority.

FYI  

By ordering the total withdrawal of parental authority, the court may decide on the change of name of the child. Personal consent is required if the child is over 13 years of age.

Partial Indent

Partial withdrawal shall cover certain attributes of parental authority.

The judgment must set out the attributes of parental authority withdrawn.

For example, judgment may be upheld legal administration of the child's property by the parent(s) or to maintain rights and duties of custody, supervision and education,

FYI  

Instead of withdrawing parental authority, the court may decide to withdraw the exercise parental authority.

When parental authority is withdrawn from one parent, the other parent becomes the sole holder of parental authority.

If the other parent has died or lost parental authority (or exercise), the child is provisionally entrusted to a third party (family member or not) who must organize the guardianship. The child can also be entrusted at the service of child welfare (Ase).

The court may also choose to entrust the child to a third party who must organize guardianship or to the Ase even if one of the two parents is not deprived of parental authority. This may for example be the case where the parent with parental authority is under the influence of the parent from whom parental authority has been withdrawn.

FYI  

Children whose parents have had their parental authority taken away are no longer required tomaintenance obligation with respect to them.

In order to request the return of their parental authority, the parent(s) must provide proof of new circumstances.

The application may be made, at the earliest, 1 year after the judgment withdrawing.

If the child is placed for adoption, the parents cannot apply for restitution.

The application shall be in the form of a request drafted by the lawyer of the parent(s) or by the parents themselves.

This request must be filed before the court of justice the place of residence of the person to whom the rights relating to the child have been conferred.

Who shall I contact

The refund may be total or partial.

If the court rejects the application, the parents cannot submit a new application for restitution before the expiry of a new period of 1 year.

Conviction for a crime

When a parent is convicted of an offense crime or a offense, the criminal court may have to decide on the withdrawal of parental authority.

Depending on the nature of the offense or the victim of the offense, the powers of the court differ.

Situations in which the court has an obligation to order withdrawal

Criminal jurisdiction must order the total withdrawal of parental authority, and otherwise the partial withdrawal or withdrawal of the exercise of parental authority, in the following 2 situations:

  • In case of condemnation of a parent as the author, co-author or accomplice of a crime or of a sexual assault incestuous act committed on her child
  • In case of condemnation of a parent as the author, co-author or accomplice of a crime committed against the other parent

If the criminal court does not order the total withdrawal, it must give reasons for its decision, i.e. describe the reasons for the decision. It must also state the reasons for its decision if it does not order the partial withdrawal or withdrawal of the exercise of parental authority.

FYI  

If a parent is prosecuted or charged in these situations, without being convicted at the moment, the exercise of parental authority and rights of access and accommodation are suspended until a decision is taken by a Jaf: titleContent.

Situation in which the court has an obligation to rule on the withdrawal

Criminal jurisdiction must make a decision on the withdrawal or otherwise in the event of a conviction of a parent as the perpetrator, co-perpetrator or accomplice of an offense committed against his child.

The court or tribunal shall have the choice between the total or partial withdrawal of parental authority, the withdrawal of the exercise of parental authority or no withdrawal.

Situations in which the court or tribunal may order withdrawal

Criminal jurisdiction has the possibility of ordering the total or partial withdrawal of parental authority or the withdrawal of the exercise of that authority in the following 2 cases:

  • In the event of a conviction of a parent as author, co-author or accomplice of a offense person of the other parent
  • In the event of a conviction of a parent as author, co-author or accomplice of a crime or a offense committed by her child

Parental authority may be withdrawn at 1 parent only or to 2 parents.

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

The withdrawal of parental authority of the parent(s) shall be decided in a criminal trial even if it is not a criminal sanction but a civil decision.

Withdrawal may be ordered following a trial before the criminal court or a trial before a criminal court.

The court or tribunal may decide total withdrawal or partial parental authority.

As a matter of principle, the withdrawal applies to all children already born at the time of judgment. However, the court may decide that the total or partial withdrawal of parental authority must have effect only in respect of some of the children already born.

Répondez aux questions successives et les réponses s’afficheront automatiquement

Total Indent

The total indent is for all attributes of parental authority.

A parent who is deprived of parental authority shall not no more rights or responsibilities towards his child.

He no longer has the right to make decisions about the child.

It also loses the benefit oflegal administration and lawful enjoyment on the child's property.

Warning  

Withdrawal does not remove the obligation on the parent to contribute to the maintenance and upbringing of his or her child.

The parentage between child and parent is retained.

However, if the withdrawal of parental authority extends to both parents and the child is taken in by the child welfare service, the child becomes adoptable by plenary adoption.

If the removal involves only one parent, the child becomes can be adopted by the CIVIL PARTNERSHIP, partner or cohabiting partner of the parent who has retained parental authority.

FYI  

In pronouncing the total withdrawal of parental authority, the court may rule on the renaming of the child. Personal consent is required if the child is over 13 years of age.

Partial Indent

Partial withdrawal shall cover certain attributes of parental authority.

The decision must set out the attributes of parental authority withdrawn.

For example, the decision may uphold legal administration of the child's property by the parent(s) or to maintain rights and duties of custody, supervision and education,

FYI  

Instead of withdrawing parental authority, the court may decide to withdraw the exercise parental authority.

When parental authority is withdrawn from one parent, the other parent becomes the sole holder of parental authority.

If the other parent has died or lost parental authority (or exercise), the child is provisionally entrusted to a third party (family member or not) who must organize the guardianship. The child can also be entrusted at the service of child welfare (Ase).

The court may also choose to entrust the child to a third party who must organize guardianship or to the Ase even if one of the two parents is not deprived of parental authority. This may for example be the case where the parent with parental authority is under the influence of the parent from whom parental authority has been withdrawn.

FYI  

Children whose parents have had their parental authority taken away are no longer required tomaintenance obligation with respect to them.

In order to request the return of their parental authority, the parent(s) must provide proof of new circumstances.

The application may be made, at the earliest, 1 year after the judgment withdrawing.

If the child is placed for adoption, the parents cannot apply for restitution.

The application shall be in the form of a request drafted by the lawyer of the parent(s) or by the parents themselves.

This request must be filed before the court of justice the place of residence of the person to whom the rights relating to the child have been conferred.

Who shall I contact

The refund may be total or partial.

If the court rejects the application, the parents cannot submit a new application for restitution before the expiry of a new period of 1 year.

Who can help me?

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