The separation of parents, whether they are married, in a PACS (civil partnership) or cohabiting, does not break the bonds of filiation. In French law, the cardinal principle governing relations between parents and children is co-parenting. Parental authority, defined as a set of rights and duties aimed at the child's best interests, must in principle be exercised jointly. However, in practice, the line between daily decisions that one parent can make alone and major choices requiring the agreement of both is often a source of tension and complex disputes. This comprehensive guide, written by AvocatAI, provides you with all the legal and practical keys to understanding parental authority, distinguishing between routine and non-routine acts, and effectively resolving conflicts in the best interests of your children.
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Parental authority is strictly regulated by the French Code civil (Civil Code). It belongs to the father and mother until the child's majority or emancipation, to protect their safety, health, and morality, to ensure their education, and to allow their development, with the respect due to their person.
According to Article 372 of the Code civil, parents exercise parental authority jointly when filiation is established with respect to both no later than one year after the child's birth. If filiation is established with respect to the second parent more than one year after birth, parental authority is exercised exclusively by the first parent, unless a joint declaration is made before the clerk of the tribunal judiciaire (judicial court) or by decision of the juge aux affaires familiales (JAF, family court judge).
Joint exercise implies that all important decisions concerning the child's life must be made by mutual agreement. The separation of parents has no bearing on the rules governing the devolution of parental authority (Article 373-2 of the Code civil). Each parent must maintain personal relations with the child and respect the child's ties with the other parent.
To avoid paralyzing the daily lives of families, the legislature established an essential distinction in Article 372-2 of the Code civil. This article sets out a presumption: with regard to third parties in good faith, each parent is deemed to act with the agreement of the other when performing a routine act of parental authority alone regarding the child's person.
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To better grasp this sometimes subtle distinction, here is a detailed analysis of the most common situations faced by separated parents.
In medical matters, the distinction is based on the severity and routine nature of the care.
> Concrete example:
> Thomas and Julie are separated. Their 10-year-old daughter, Léa, suffers from sleep disorders. Julie wishes to take her to a child psychiatrist to start therapy. Thomas firmly objects. Since this involves long-term psychological follow-up, it is a non-routine act. Julie cannot initiate this process alone. If she does so without Thomas's agreement, the practitioner commits professional misconduct in the absence of consent from both holders of parental authority, and Thomas can petition the judge to stop the consultations.
Education is at the heart of joint parental authority.
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When dialogue has broken down and a disagreement persists over an important decision concerning the child, parents should follow a structured path to resolve the dispute without worsening the family conflict.
Before taking legal action, it is highly recommended (and sometimes mandatory under pain of inadmissibility of the legal claim in certain pilot courts) to attempt an amicable resolution.
1. Direct dialogue: Formalize your request in writing (email or lettre recommandée avec accusé de réception / registered letter with acknowledgement of receipt) by calmly explaining the reasons for your choice and setting a reasonable response deadline (for example, 15 days).
2. *Family mediation (médiation familiale): Call upon a state-certified family mediator. This neutral, independent, and impartial third party will help the parents find a negotiated agreement in the child's best interests. Mediation sessions can lead to a "parental agreement" (convention parentale*) which can then be approved by the judge.
If mediation fails or is impossible (especially in cases of domestic or family violence), the most diligent parent must petition the Juge aux Affaires Familiales (JAF) of the Tribunal Judiciaire of the child's place of residence.
1. *Petition by application (requête): The request is made by application (via form Cerfa n° 1153011**). Although a lawyer is not mandatory for this specific procedure, their presence is highly recommended to structure the legal arguments.
2. The hearing: The parents are summoned to a chamber hearing (not open to the public). The judge hears the arguments of each party.
3. The judge's decision: The JAF does not make the decision in place of the parents on a permanent basis, but rules on the specific conflict (for example, authorizing or refusing enrollment in a specific school or the disputed medical operation) solely in the best interests of the child.
In cases of proven urgency (for example, an imminent unauthorized departure abroad or a blocked school enrollment a few days before the start of the school year), an emergency procedure can be initiated.
1. *Summary proceedings (référé or accelerated procedure on the merits):* This allows for a hearing and a decision within a few weeks, or even a few days.
2. *Ex parte order in extreme urgency (ordonnance sur requête): In the most serious cases (risk of international child abduction), the judge can be petitioned without the other parent being summoned beforehand to order an immediate Interdiction de Sortie du Territoire* (IST, ban on leaving the country).
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To navigate these procedures smoothly, it is essential to know the financial and temporal aspects of family litigation before the JAF.
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> The situation: Marc and Sophie are parents to Lucas, 7 years old. Marc is an atheist, while Sophie is of the Catholic faith. Upon entering the CE1 grade, Sophie unilaterally enrolls Lucas in a private Catholic school under contract, where the tuition fees amount to 150 € per month, in addition to a contribution to religious activities of 50 € per quarter. Marc objects, preferring the free public school in the neighborhood.
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> The legal resolution: Enrollment in a private denominational establishment is a non-routine act. Sophie could not act alone. Marc petitions the JAF. The judge notes that Lucas has always been schooled in the public system, that Marc did not give his written consent, and that the financial cost of the private school weighs heavily on the family budget without any particular educational justification (Lucas has no learning difficulties requiring specific support). The JAF orders Lucas's re-enrollment in his local public school. Sophie is ordered to solely bear the enrollment fees unduly paid to the private school.
> The situation: Amélie has primary custody of Chloé, 12 years old. Amélie decides to move 350 kilometers away for professional reasons (relocation). This move makes it impossible for Pierre, the father, to exercise his visitation and accommodation rights, which took place every other weekend. Amélie enrolls Chloé in her new middle school without Pierre's agreement.
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> The legal resolution: According to Article 373-2-2 of the Code civil, any change of residence of one of the parents, when it modifies the terms of exercise of parental authority, must be subject to prior and timely information to the other parent. Pierre petitions the JAF in emergency proceedings. The judge notes that Amélie presented Pierre with a fait accompli. The JAF reassesses the child's interest: either ordering that Chloé's primary residence remain with her father (if Amélie moves alone), or validating the move but reorganizing visitation rights (for example, all minor school holidays to the father) and placing the entirety of the transport costs (estimated at 120 € per train trip) solely on Amélie, who caused the relocation.
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The issuance of a travel document for a minor is a non-routine act that requires the agreement of both parents. If your ex-partner refuses without a legitimate reason (for example, out of a simple desire to block your vacation), you must petition the JAF in summary proceedings (référé) to request a judicial authorization to bypass the other parent's consent. You will need to prove that the trip is of short duration, is in the cultural or family interest of the child, and that there is no risk of abduction or non-return.
No. Baptism, whether religious or civil (republican baptism), is consistently considered by case law to be a non-routine act, as it touches upon the child's religious and philosophical convictions and commits them to a community. If you proceed with the baptism without the other parent's written consent, the latter can request the cancellation of the civil effects of the procedure (if applicable) or invoke this failure to respect joint authority before the JAF to request a modification of custody arrangements.
The Interdiction de Sortie du Territoire (IST) is a protective measure aimed at preventing a parent from leaving France with the child without the other's consent. It can be requested as a precautionary measure at the town hall (an emergency administrative measure valid for a maximum of 15 days) or be ordered by the JAF as a precautionary or permanent measure within judicial proceedings. If the IST is registered in the wanted persons file (Fichier des Personnes Recherchées - FPR), the child will not be able to cross any border without written and signed authorization from the parent who is not accompanying the child.
Yes. Article 373-3-2 of the Code civil allows the JAF to entrust the exercise of parental authority to a single parent if the child's interest requires it, particularly in cases of manifest lack of interest from the other parent (absence of visits, non-payment of child support, no contact). You will need to provide proof of this prolonged parental neglect (statements from relatives, school reports showing the parent's absence, bank statements proving the absence of child support). The other parent will, however, retain the right to be informed of important choices concerning the child's life.
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Legal information for guidance only, not personalised legal advice. For your specific situation, ask your question free of charge on AvocatAI — answers based on French law, in your language.