Separation of parents: relationship between the child and family or close relatives
Verified 12 December 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Experimentation with compulsory mediation prior to family disputes
Published on 1 January 2023
On an experimental basis, an attempt at mediation is compulsory before any request for amendment of the approved decisions and conventions laying down the procedures for the exercise of parental authority in the courts of Bayonne, Bordeaux, Cherbourg-en-Cotentin, Évry, Nantes, Nîmes, Montpellier, Pontoise, Rennes, Saint-Denis and Tours. The scheme is deployed until 31 December 2024 and can be extended to other jurisdictions.
However, this obligation does not apply if violence has been committed against a parent or child of the couple.
The child has the right to maintain relations with his family: his grandparents, his brothers and sisters, a former step-parent... It may be a right of access, a right of accommodation... It applies equally well when the parents live apart or in a couple. Only the interests of the child can prevent the exercise of these rights. We present you with the information you need to know.
The minor child has the right to maintain personal relations with its grandparents, whether his parents live together or separately.
Minor children may also maintain ties with a third party other than grandparents where that third party has:
- Resident stably with the child and one of his parents
- Contributed to his education, maintenance or installation
- Tied with him lasting emotional ties.
This third party may or may not be a parent of the child, for example a step-parent, a brother, a half-sister, an aunt...
Parents have the right and duty to monitor relationships and communications between their minor child and family members and third parties.
They may thus limit or prohibit the child's relations with a family member or a third party.
In case of disagreement, a family mediation can be tried to re-establish links and find a agreement, because having a personal relationship with your grandparents is a right of the child.
If they do not find a friendly solution, the family court judge can be seized.
The child may have a personal relationship with a grandparent or a third party as follows:
- Right of access and accommodation (e.g. one weekend per month or every 2 months)
- Simple right of access (for example one Sunday per month)
- Right of correspondence (e.g. a regular telephone appointment).
If the parents are separated, the right of access and accommodation of grandparents may be exercised at the same time as that of their own daughter or son, so as not to multiply the rights of access of the child.
FYI
the right of access may sometimes be exercised in the presence of a third party or in a neutral place (for example in a meeting place dedicated to this purpose).
Out of court
You can first try a family mediation to re-establish links and find a agreement.
You can then ask the judge to approve it to give it enforceability.
By the family judge
If no agreement is reached, the family court may be referred to the following persons:
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Grandparents
You must enter by subpoena the family affairs judge of the court of the place where the child resides.
Who shall I contact
The assistance of a lawyer is obligatory.
Who shall I contact
If you are under-resourced, you can request legal aid.
FYI
If the child is placed (i.e. entrusted to a third party, child welfare, foster family, etc.), visiting rights are granted by the children's judge.
The Family Court Judge rules according to the best interests of the child.
He may decide to hear from your grandson or granddaughter. The latter may also ask the judge to be heard, if he or she is discernable.
Depending on the family situation and the best interests of the child the judge may decide either to authorize the relationship under conditions that he or she determines or to refuse the relationship. Even a long-standing conflict between parents and grandparents does not necessarily justify a refusal to enter into a relationship. The conflict must affect the child, have a negative impact on the child's psychological and emotional balance or not allow for a healthy relationship.
You can appeal the judgment within a period 1 month.
Brother and sister of the child
You may refer the matter to the Family Court Judge for to obtain the right to see your brother or sister.
You must enter the Jaf: titleContent of the court of the place where your child brother or sister lives by subpoena.
Who shall I contact
The assistance of a lawyer is obligatory.
Who shall I contact
If you are under-resourced, you can request legal aid to cover all or part of these costs.
The Jaf: titleContent may decide to hear your minor sibling. The latter may also apply forhearing to the judge.
Depending on the family situation and the interest of your brother or sister minor the judge may decide either to authorize the relationship between the siblings under conditions that he or she determines, or to refuse such relationships.
FYI
In principle,The minor child must not be separated from his siblings. It can be in its interest or in case of necessity (endangerment, conflictual relationship, bad influence of brothers or sisters, geographical distance...).
You can appeal the judgment within a period 1 month.
Stepfather, stepmother and other third party
You can go to the family judge to get rights in relation to the child.
You must prove that the maintenance of ties is in the interests of the child. You can thus establish by any means (attestations, photos...) that you have stably resided with the child, participated in his interview, his education or forged lasting emotional ties.
You must enter the Jaf: titleContent of the court of the place where the minor child resides by subpoena.
Who shall I contact
The Jaf: titleContent statue only according to the best interests of the child. He can decide to hear it or the child may ask to be heard. He or she may decide to refuse or grant your request under the conditions that he or she determines.
Please note
if the child is placed (that is to say, entrusted to a third party, to child welfare, to a foster family, etc.), it is the children's judge who is competent.
You can appeal the judgment within a period 1 month.
The minor child, represented by one of his parents or by a ad hoc administrator, may also ask the judge to organize his relations with his grandparents and a third party.
You can lodge a complaint for non-representation if the parents do not comply with the agreement approved by the judge or the judgment.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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The informants who answer you are from the Department of Justice.
- Legal permanence
- Family Mediation Center
- Lawyer
Parental authority
Rights of access in a neutral place
Hearing of the child in court
Ordinary remedies
Non-representation child art 227-5