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In brief
Section actions
Duration: Friendly Agreement: 2–6 weeks; JAF decision: 4–12 months
Cost: Convention : 500–1 500 € lawyer; JAF : free + lawyer 1 000–3 000 €
On-site only

Who this guide is for

Section actions
  • You if you divorce/separate and have to secure custody of the children
  • You if you are an isolated parent and want to formalize parental authority
  • You if you are in custody dispute with the other parent

To be prepared in advance

Section actions
  • Family booklet or birth certificate of the child
  • List of wishes: habitual/alternate residence, right of access, maintenance
  • Income justifications (for pension calculation)

Step-by-step procedure

Section actions
  1. 1Understand: parental authority Parental authority — rights and duties (education, health, property). Custody (residence) — where the child lives. Both parents generally retain parental authority even after divorce.
  2. 2Amicable agreement: If parents agree, write a parenting agreement (with a lawyer or family mediator). Includes residence, visiting rights, maintenance, participation in decisions. Approval by the judge for an official execution.
  3. 3Usual residence: the child lives with one parent, the other has a right of visit and accommodation (usually an alternate weekend + half of the school holidays).
  4. 4Alternate residence: the child lives alternately with each parent (every other week, 15 days, or other rhythm). Possible at any age, but more frequent >6 years.
  5. 5Family Judge (JAF): in the absence of agreement — file an application with the court. The JAF decides in the best interests of the child. Free family mediation is offered at the beginning of the procedure.
  6. 6Alimony: The non-custodial parent (or one who earns less on an alternate basis) pays for the maintenance of the child. Amount according to scale (simulator on the site of the Ministry of Justice, takes into account income, time spent in custody, number of children).
  7. 7Visitation and accommodation rights (DVH): minimum — alternating weekend + half of holidays. May be expanded, limited or suspended (if the parent presents a risk).
  8. 8Changes: possible in the child's interest (movement, new situation of a parent). Submit a request to the JAF — do not change it alone.
  9. 9International: if a parent lives abroad — governed by the Hague Convention 1996 or bilateral conventions. International Child Abduction - The Hague Convention 1980.
  10. 10For grandparents: the right to maintain ties with grandchildren (Article 371-4 of the Civil Code) — if the parent obstructs, the grandparents may seize the JAF.

Common mistakes

Section actions
  • Consolidating parental authority and custody — these are two concepts with separate rules.
  • To believe that the mother automatically gets custody — the law is neutral, both parents are equal.
  • Do not have the agreement approved by the JAF — verbal arrangements are not enforceable.
  • Blocking only visits from the other parent — illegal, you can lose custody.
  • Do not revise maintenance in case of income change — arrears may accumulate.

Official sources

Section actions
Show sources in this section

Useful links

Section actions
Mode of custody: judgeMaintenanceFamily Section

Important remark

Parental authority is governed by the Civil Code (articles 371-1 et s.). Indicative information; for your case, consult a family law lawyer.

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