As a parent, what is the purpose of my parental authority? What are my rights and duties?
Parental authority is the set of rights and duties you exercise in the interests of your child (Art. 371-1C. Civ.). 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 has been established for 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 automatically obtain parental authority if your parentage is established by law or if you have recognized your child within one year of their birth. Beyond that, you must apply to the court, with or without the mother’s consent.
How is it exercised? You can take ordinary actions on your own (e.g., enrolling in extracurricular activities, making dentist appointments, etc.) without the express consent of the other parent.
However, unusual actions (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 in the best interests of the child.
Does separation or divorce result in the loss of parental authority? If you are separated, parental authority remains joint, unless otherwise decided by a court.
In serious situations, the family court judge may withdraw parental authority from one of the parents when it is harmful to the child (behavior that is dangerous for the child, inability to exercise parental authority, etc.) or grant the other parent sole parental authority.
It is sometimes possible to ask the judge to delegate some or all of their authority to a third party (family member, spouse, etc.). This may be voluntary or imposed in the best interests of the child. It is also possible to opt for shared delegation, which allows one parent to exercise authority with a third party (often their new spouse).
Gaëtan ESCUDEY is available to advise you on your parental rights. As a lawyer, he will advise you in the best interests of your child. As a parenting coach and mediator, he will support you in establishing respectful co-parenting.