Parental conflict on the departure of a minor child
Verified 18 July 2023 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of the Interior
Are you worried that your child will be taken abroad by the other parent and want to know how to act? You can use it, if there is urgency, to one exit opposition procedure (OST). Alternatively, you can use the procedure for a travel ban (IST) issued by a Jaf: titleContent. We give you the useful information and the steps to be carried out.
Urgent action: OST
If it exists imminent risk of abduction from your child by the other parent, you can use the exit objection.
This measure allows you to prevent, without delay, your minor child to leave the French territory.
You must be able to demonstrate urgency.
You can request an OST if you are a parent and exercise parental authority on your child. You can also apply for a TSO if you are a third party with a delegation of parental authority.
The OST may be requested for the following children:
- Minor foreigner if his parents usually reside in France
- Minor of French nationality, whether living in France or abroad
- Minor of any nationality that may have been unlawfully removed or retained on French territory (e.g. in the case of kidnapping)
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General case
You must submit your application at the prefecture or sub-prefecture.
If the prefecture or sub-prefecture is closed (e.g. night, weekend or public holiday) and your child's journey is imminent, you should contact:
- Either at police station,
- Either to the gendarmerie closest.
Who shall I contact
In Paris
Your application must be submitted to the Police prefecture.
You have the option to contact the police prefecture for information or make an appointment for an OST by completing the following form:
Paris police department: request to object to departure from the territory
If the police prefecture is closed, and that the your child's journey is imminent, your application can be filed in any police station. It is not necessary to make an appointment.
Who shall I contact
Abroad
If you are not in France but your child is in France, you must send a request for an OST to the civil assistance office at the ministry of justice.
Who shall I contact
The OST application form is provided to you on the spot.
You must prepare the following documents:
- Proof of parental authority (birth certificate of the minor involving parentage, copy of court decision, etc.)
- Proof of identity of the applicant (copy of identity card, passport or residence permit, valid, etc.)
- Proof of identity of minor child(ren) (copy of national identity card, passport, minor foreigner movement document, birth certificate of the minor with filiation)
- Proof of domicile (phone bill, tax notice ...)
- All relevant document for the service to consider the application and make a decision (divorce decree, copy of airline ticket, emails or SMS or correspondence between parents, etc.).
Please note
if you have already applied to the judge for an exit ban (IST), you must report and prove it.
No matter where your application is filed (prefecture, police station ...), it is the prefect who is responsible for reviewing the file and making the decision.
That is why, if the request has been filed with the police or gendarmerie, it is sent, when the urgency is proven, to the headquarters of the prefecture or sub-prefecture.
If the prefect considers the request justified, he opposes leaving the territory. It makes its decision based on the information you provided and using information found in certain computer files such as the RPF: titleContent.
As a applicant, you are immediately informed of the decision.
Please note
If the applicant (parent or holder of parental authority) is not resident in France, the request for a TSO shall be dealt with by the Civil Assistance Office to the Department of Justice.
Your child is enrolled in the wanted persons index (RFT) and is the subject of a report to the Schengen Information System (SIS).
After registration in these files, your child can no longer cross a border crossing to leave the French territory. He can no longer be taken abroad.
The OST measure is valid Maximum 15 days. You cannot not to ask for the extension of the measure.
Preventive measure: IST
To more effectively prevent your child from being abducted by the other parent, you can ask a Jaf: titleContent issue an exit ban from French territory (IST).
This prohibition prevents the minor child from leaving French territory without the permission of both parents.
You must be able to demonstrate that it exists a risk of kidnapping of your child by the other parent.
The IST can be requested by the parents of the minor child (alone or jointly).
FYI
In case of danger to the child, the public prosecutor may urgently prohibit the departure from the territory of a minor child. In such a case, he must, within 8 days, bring the matter before the juvenile judge. It's the children's judge who decides to maintain or end this prohibition.
When the Juvenile Judge pronounces educational assistance measures, it may, on its own initiative, introduce an exit ban.
You can request an IST for a minor child.
The child may be:
- either French
- or foreigners if he is habitually resident in France.
You can request an IST in an ongoing proceeding such as a divorce proceedings or proceedings relating to parental authority (rights of access and accommodation, maintenance, etc.).
You can also make a specific procedure before the JAF to request an IST. The application may be made by a subpoena in interlocutory.
The application may also be made by request.
To submit your request, you can use the following Cerfa form:
Application to the family judge (parental authority, right of access, maintenance...)
To draft your assignment or request, you can use a lawyer.
The application must be addressed to the court of place of residence of your child.
Who shall I contact
Your application is considered at a hearing where you will be called with the other parent.
If the judge considers the request justified, he or she issues a court decision ordering an STI.
FYI
In case of domestic violence, you can request that an IST be pronounced by the JAF in a protection order.
If JAF pronounces an STI, your child is registered in the wanted persons index (RFT)Wanted Persons Index (RFT) and reported in the Schengen Information System (SIS).
Your child can no longer leave the French territory without your consent and that of the other parent.
The parent who has applied for the ban is also affected by the ban on leaving the territory of his or her child.
FYI
If a decision IST is taken as an educational assistance measure, leaving your child's territory must be authorized by the judge children. Your agreement and that of the other parent will not be enough.
The duration of the IST is determined by the judgment of the JAF.
If the judgment does not mention a duration or an end date, the IST is valid until the intervention of a new court decision or at the latest until the majority of your child.
If the prohibition is imposed in the context of a protection order, the IST is valid 6 months maximum. The introduction of a new body, such as a divorce, may extend the duration of the IST.
FYI
The IST pronounced by a juvenile judge is limited to 2 years. The procedure set up by the public prosecutor is limited to 2 months maximum.
If you wish to have the IST pronounced by a JAF deleted or modified (to change its duration for example), you must enter the judge.
To enter the JAF you can deposit a request.
The request can be submitted using the following form:
Application to the family judge (parental authority, right of access, maintenance...)
If you wish, you can have a lawyer assist you.
Warning
the request for the removal or modification of an IST measure during divorce proceedings must be made by your lawyer.
The application must be addressed to the court of place of residence of your child.
Who shall I contact
Your application is then considered at a hearing where you will be called with the other parent.
If the judge considers the request to be justified, he or she shall issue a court decision amending or deleting the IST.
The wanted persons index (RFT) is updated.
FYI
In case of STI pronounced as a measure educational assistance, the Juvenile Court shall have jurisdiction to amend or abolish the measure.
If you are agree with the other parent that the IST should be temporarily suspended (for holidays, for example), a police or gendarmerie statement is sufficient. Otherwise, only a JAF can suspend the IST.
One IST suspension is required as soon as your child leaves the french territory. If your child travels overseas, but if his flight includes a stopover in a foreigner country, a temporary suspension is also necessary.
FYI
In case of STI pronounced as a measure educational assistance, your child cannot leave France even if you agree with the other parent. The application for suspension must be submitted to the juvenile judge.
Parental agreement
The child must leave the French territory without his parents
A simple written statement between parents is not valid and does not allow your minor child to leave the territory.
You and the other parent must surrender in the police or gendarmerie to make a statement.
You can go jointly or separately.
The police officer or constable first verifies the identity and status of the child of each of the tax filers.
He then collects your statement. You must indicate that you are allowing the child to leave the territory specifying the period during which such exit is authorized and the destination of such exit.
Each reporting parent is given a return receipt.
The declaration shall be sent for updating of the wanted persons index (RFT) so that the temporary exit permit is mentioned therein.
If the authorization is not given by both parents, the ban is still in the RPF and your child cannot leave the French territory.
The declaration must be made at least 5 days before departure.
On presentation of proof, this period may be reduced if the reason for departure is exceptional circumstances (such as the death of a member of the minor's family).
Warning
If your child is traveling without their parents, withholding the STI is not enough. One authorization to leave the territory must be signed by one of the parents It is advisable to attach the declaration of temporary suspension of the IST to the authorization to leave the territory.
The child must leave the French territory with only one parent
A simple written statement between the parents is not valid and does not allow the minor child to leave the territory.
The parent who does not travel with the child must surrender in the police or gendarmerie to make a statement.
The police officer or constable first verifies the identity of the declarant and his or her status as the child's parent.
He then collects the statement the parent who does not travel with the child. This parent must indicate that they are allowing the child to leave the territory specifying the period during which such exit is authorized and the destination of such exit.
A return receipt is provided to the reporting parent.
The declaration shall be sent for updating of the wanted persons index (RFT) so that the temporary exit permit is mentioned therein.
If the parent who does not travel with the child does not make a declaration before departure, the prohibition is still in the RPF and the child cannot leave French territory.
The declaration must be made at least 5 days before departure.
On presentation of proof, this period may be reduced if the reason for departure is exceptional circumstances (such as the death of a member of the minor's family).
The child must leave the territory with his two parents
There is no declaration to be made to temporarily suspend your child's travel ban.
Parents disagree
The JAF may temporarily suspend the travel ban.
To enter the JAF you can deposit a request or to have a subpoena.
The request can be submitted using the following form:
Application to the family judge (parental authority, right of access, maintenance...)
If you wish, you can have a lawyer assist you.
The application must be addressed to the court of place of residence of your child.
Who shall I contact
Your application is considered at a hearing where you will be called with the other parent.
If the judge considers the request justified, he shall issue a decision in which he temporarily suspends the IST. In this case, the wanted persons index (RFT) is updated.
Who can help me?
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For information
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.
Prohibition of exit by the JAF (Article 373-2-6)
Prohibition of leaving the territory in the event of educational assistance (Articles 375-5 and 375-7)
Exercise of parental authority in relation to the child (Articles 1179, 1180-3, 1180-4)
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