Parental authority: can a separated parent move freely?

Verified 11 October 2023 - Directorate for Legal and Administrative Information (Prime Minister)

As a separate parent, you have the right to move for professional or personal reasons.

However, you must inform before the other parent of the change of residence, if that change affects the conditions for the exercise of parental authority. This is the case, for example, if your move to a remote area makes it impossible for the other parent to visit and stay there.

This information must be given as soon as possible to the other parent to enable you to find together a new organization of the child's life (residence, rights of access and accommodation ...).

In case of disagreement, you can appeal to a family mediator or refer the matter to the Family Court Judge (Jaf) using the following form:

Application to the family judge (parental authority, right of access, maintenance...)

The form must be sent in the court of place of residence of the child.

Who shall I contact

The lawyer is not required for this procedure.

The Jaf still rules according to the best interests of the child. For example, the judge may determine the child's residence with the other parent.

The judge may also review the financial charges between you and the other parent, that is:

If your child resides with you under a judgment or agreement (divorce or parental) you must inform the other parent of your new address no later than 1 month after the move. If you don't, it's a infringement punishable by 6 months' imprisonment and a fine of €7,500.

FYI  

If you move with your children in secret, the other parent can seize the Jaf. On this occasion, the judge may find that you do not respect the other parent's place and entrust the children's residence to him.

Who can help me?

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