What does parental authority cover?

Parental authority (autorité parentale) is the set of rights and duties you exercise in the interests of your child (Article 371-1 of the French Civil Code). It provides a legal framework for your relationship with your minor child and applies until they reach the age of majority or become emancipated.

It comprises three main aspects:

1. The duty of protection: you must ensure the child’s safety, health, morality and well-being.
2. The duty of maintenance and education: you must also provide for their material, emotional, educational and moral needs.
3. The duty of asset management: finally, you must administer your child’s assets while they are a minor.

Who exercises parental authority? In principle, you exercise parental authority jointly with the other parent, whether you are married or not, once parentage (filiation) has been established with respect to both of you.

• If you are the mother, you automatically obtain parental authority from birth, in the same way as parentage.
• If you are the father, you obtain it automatically if your parentage is established by operation of law or if you have acknowledged your child within one year of their birth. Beyond that, the mother exercises parental authority alone; joint exercise then results from a joint declaration by the parents to the director of the court registry services (directeur des services de greffe judiciaires) of the judicial court (tribunal judiciaire), or from a decision of the family court judge (juge aux affaires familiales) (Article 372 of the French Civil Code).

How is it exercised? You can carry out everyday acts (actes usuels) on your own (e.g., enrolling your child in extracurricular activities, making dentist appointments, etc.), without the express consent of the other parent.

However, non-routine acts (actes non usuels) (e.g., choosing a surgical procedure, changing schools, moving abroad) require the agreement of both parents.

In the event of disagreement, you can refer the matter to the family court judge to decide this point in the best interests of the child (intérêt supérieur de l’enfant).

Does separation or divorce result in the loss of parental authority? If you are separated, parental authority remains joint, unless a court decides otherwise.

In serious situations, the judicial court, or the criminal court, may withdraw parental authority from a parent whose behavior puts the child in danger; the family court judge may also grant the other parent sole exercise of parental authority, if the child’s interests so require.

It is sometimes possible to ask the judge for a partial or total delegation of one’s authority to a third party (family member, spouse, etc.). This may be voluntary or imposed in the interests of the child. It is also possible to opt for shared delegation (délégation-partage), which allows a parent to exercise authority together with a third party (often their new spouse).

Gaëtan Escudey is available to advise you on your rights as a parent. As a lawyer, he advises you in the best interests of your child. As a parenting coach and mediator, he supports you in establishing respectful co-parenting.

This general information does not replace a consultation: each situation requires individual assessment.