Parental authority in France

What it means

Parental authority (autorité parentale) is the set of rights and duties parents hold towards their minor child. It goes well beyond deciding where the child sleeps: it must be exercised in the child's interest and covers protection, safety, health, education and personal development.

It applies both to the child and to the child's property. Parents have legal administration of that property, and legal enjoyment of it until the child turns 16.

Separating does not divide it

This is the most commonly misunderstood point. Joint exercise remains the rule: after a separation or a divorce, both parents normally continue to exercise parental authority together, regardless of where the child lives.

A court may award exercise to one parent alone, but that is a decision of the family court judge, not an automatic consequence of separating. The other parent then keeps the right and the duty to monitor the child's upbringing and education, and must be informed of important decisions.

Exercise is also held by one parent alone when the other has died, or when a parent recognised the child more than a year after birth while the other had already done so.

Everyday decisions versus major ones

Under joint exercise, either parent may take everyday decisions alone — routine matters with no lasting consequence. The other parent is presumed to agree.

Major decisions require both parents to agree. This boundary is where most practical disputes arise.

• Everyday: routine healthcare, standard vaccinations, school enrolment, applying for an identity document.
• Major: surgery, changing school or academic path, choosing a religious education, publishing photos of the child on social media.

When parents disagree

If parents cannot agree on an important decision, the family court judge (juge aux affaires familiales) can be asked to decide. A dedicated form exists for this.

Keeping a written, dated record of exchanges and decisions makes these discussions considerably easier, whether they are settled between parents, in mediation, or before a judge.

Until when?

Parental authority ends when the child reaches the age of majority. It can end earlier through emancipation, or be withdrawn by a court in serious situations.