What is parental authority and who has it?
Parental authority is a set of rights and duties that both parents have in relation to their minor child. It is exercised jointly by both parents, whether they are married, in a civil union or in a civil partnership, once filiation has been established with regard to each of them. Its purpose is to protect the child's safety, health and morality, to ensure his or her education and to enable his or her development with due respect for his or her person. To exercise this parental authority properly, parents have a duty of command and supervision not only over the child, but also over his or her property. In practical terms, this means keeping a constant watch on their child, ensuring his or her safety, supervising his or her relationships... The duty to educate is also essential. This involves compulsory education, whether at school or at home, under the supervision of the French education system. Of course, all parents must ensure their children's good health, feed them and provide for their every need... These are self-evident duties that need no reminding.
With regard to a minor child's property, parents have the legal administration of assets, i.e. the right and duty to manage them in their child's best interests.
What is parental authority and who has it?
Parental authority is a set of rights and duties that both parents have in relation to their minor child. It is exercised jointly by both parents, whether they are married, in a civil union or in a civil partnership, once filiation has been established with regard to each of them. Its purpose is to protect the child's safety, health and morality, to ensure his or her education and to enable his or her development with due respect for his or her person. To exercise this parental authority properly, parents have a duty of command and supervision not only over the child, but also over his or her property. In practical terms, they must keep a constant watch on their child, ensuring his or her safety, monitoring his or her relationships... The duty to educate is also essential. This involves compulsory education, whether at school or at home, under the supervision of the French education system. Of course, all parents must ensure their children's good health, feed them and provide for their every need... These are self-evident duties that need no reminding.
With regard to a minor child's property, parents have the legal administration of assets, i.e. the right and duty to manage them in their child's best interests.
How is the exercise of parental authority organized when parents separate?
In the event of parental separation, parental authority continues to be exercised jointly. Important decisions concerning the child, such as educational guidance, medical choices and where the child will live, must be made by mutual agreement between the parents.
With regard to what are known as ordinary acts, one parent may perform them alone, since he or she is presumed to have the agreement of the other parent. A customary act is an everyday, non-serious act which does not affect the child's future or fundamental rights, or which is part of an uncontested past practice, for example: applying for a passport, justifying an absence from school, getting a booster shot from the doctor. Non-usual acts are those that require the agreement of both parents, given their seriousness: surgery, heavy medical treatment, practicing a dangerous sport, etc.
However, if the child's interests so require, the judge may award exclusive parental authority to one of the parents.
How is the exercise of parental authority organized when parents separate?
In the event of parental separation, parental authority continues to be exercised jointly. Important decisions concerning the child, such as educational guidance, medical choices and where the child will live, must be made by mutual agreement between the parents.
With regard to what are known as ordinary acts, one parent may perform them alone, since he or she is presumed to have the agreement of the other parent. A customary act is an everyday, non-serious act which does not affect the child's future or fundamental rights, or which is part of an uncontested past practice, for example: applying for a passport, justifying an absence from school, getting a booster shot from the doctor. Non-usual acts are those that require the agreement of both parents, given their seriousness: surgery, heavy medical treatment, practice of a dangerous sport, etc.
However, if the child's best interests so require, the judge may award exclusive parental authority to one of the parents.
What are the consequences of withdrawing parental authority?
Withdrawal of parental authority is an exceptional measure ordered by the judge in the interests of the child, when one of the parents is seriously failing in his or her duties or is endangering the child's safety, health or morals. The consequences are severe for the parent concerned, who loses all rights over the child, including custody and visitation rights, and can no longer make any decisions concerning the child's education, health or property management.
On the other hand, he/she remains obliged to contribute to the child's maintenance and education through the payment of alimony. Withdrawal of parental authority may be total or partial, and may be revised in the event of a significant change in circumstances.
What are the consequences of withdrawal of parental authority?
Withdrawal of parental authority is an exceptional measure pronounced by the judge in the interests of the child, when one of the parents is seriously failing in his or her duties or is endangering the child's safety, health or morals. The consequences are severe for the parent concerned, who loses all rights over the child, including custody and visitation rights, and can no longer make any decisions concerning the child's education, health or property management.
On the other hand, he/she remains obliged to contribute to the child's maintenance and education through the payment of alimony. The withdrawal of parental authority may be total or partial, and may be revised in the event of a significant change in circumstances.