Right of access and accommodation in the event of separation of parents

Verified 20 November 2023 - Directorate for Legal and Administrative Information (Prime Minister)

You have a child, you separate from the other parent and you wonder about the right of access and/or accommodation? This right allows the parent with whom the child does not ordinarily reside to maintain regular ties with the child. It is settled amicably between you or by judicial decision in case of conflict. We present you with the information you need to know.

The right of access is to pass a part of the day with your child and bring them back to the other parent's home at the end of your period.

The right of access and accommodation( DVH: titleContent) consists of welcome (day or night) your child for a specified period of time.

This right allows you to maintain links with the parent to whom the child belongs is not habitually resident.

FYI  

Each of the father and mother must maintain personal relationships with the child and respect links of the child with the other parent

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You agree

You're married, living apart without being divorced

You can organize the conditions of the right of access and accommodation of your child amicably.

If you agree, you can establish a parental agreement where you set:

This parental agreement may be certified by the Jaf: titleContent to give it enforceability.

The approval of the parental agreement can be done using the following CERFA form.

Joint request for the approval of a parental agreement

This form also includes templates for conventions.

You must address your application to the court of the place of residence of one of the parents.

Who shall I contact
You're not married and live apart

You can organize the conditions of the right of access and accommodation of your child amicably.

If you agree, you can establish a parental agreement where you set:

This parental agreement may be certified by the Jaf: titleContent to give it enforceability.

The approval of the parental agreement can be done using the following CERFA form.

Joint request for the approval of a parental agreement

This form also includes templates for conventions.

You must address your application to the court of the place of residence of one of the parents.

Who shall I contact
You divorce by mutual consent

You must indicate the agreement you have reached on the conditions of your child's right of access and accommodation in the divorce by mutual consent prepared by counsel.

You're getting divorced in front of the judge

Within the framework of the judicial divorce proceedings, the Family Court Judge (Jaf) determines your child's right of access and accommodation in accordance with your requests and those of the other parent.

You can agree on the right of access and accommodation of your child even if it is a judicial divorce.

You disagree

You're separating

In case of disagreement you can ask for the intervention of a family mediator to try to reach an agreement.

If family mediation fails, you or the other parent can enter the Jaf: titleContent so that it establishes the right of access and accommodation of your child.

You can enter it using a form:

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

The form must be submitted or sent in the court of the place of residence of the parent who harbors the child.

Who shall I contact

FYI  

in some jurisdictions, the use of family mediation is required before entering the Jaf: titleContent (except in cases of domestic violence or child abuse).

You're getting divorced

Within the framework of the judicial divorce proceedings, on Family Court (Jaf) determines the right of access and accommodation of your child based on your requests and those of the other parent.

Requests for interim measures that is, thedesired temporary arrangement for your child during divorce proceedings may be formulated as fromsubpoena in divorce.

They may cover the following:

FYI  

You can request the intervention of a family mediator to try to reach an agreement.

The minor child never determines himself when he wants to go to the other parent and the length of the DVH: titleContent, regardless of age. However, it may give its opinion, for example by requesting to be heard by the Jaf: titleContent in proceedings brought by one of his parents.

The right of access and accommodation is to welcome your child (day or night) for a set period of time.

In order to implement this right, interests of the child either preserved (avoid long journeys, promote participation in sports competitions...).

This right of access and accommodation may take place, for example:

  • 1 out of 2 weekends at the other parent's home and sharing school holidays
  • 1 day a week at the other parent's home (Wednesday) as well as 1 weekend out of 2 and sharing of school holidays (DVH: titleContent extended).

This right is adaptable according to your availabilities and the child's. For example, if you live very far from your child's home, you can have all the short school holidays except for Christmas and sharing other holidays.

The right of access may be a full day or half a day, on weekends or during the week depending on your and the child's availability and the distance from each parent's home.

You can exercise this right in a place of your choice (your home, the home of a grandparent...).

If your child is young, the right of access may be exercised at the home of the parent with whom he or she is habitually resident.

It can also take place in a specific neutral location (for example: public garden, meeting space dedicated to this purpose...).

Parental agreement, judgment or convention of divorce generally provides for the organization of journeys during rights of access and accommodation.

For example, it may be provided that it is a particular parent who has to pick up the children and bring them back. Parents can also share the burden of commuting.

If nothing is planned, it is customary that the parent who has access and accommodation rights make the journeys.

The agreement or the judgment may also authorize a third party (grandparent, new partner...) to make the journeys.

In case of conflict, you can try to find an amicable solution with a family mediator.

Alternatively, you can enter the Jaf: titleContent on which the residence of the parent with whom the child resides depends.

Parental agreement, judgment or convention Divorce may provide for how the costs of such travel are shared between the parents. This is particularly useful if the trip must be made with public transport.

If nothing is planned, it is customary that the parent who has access and accommodation shall bear the costs of transporting the child.

In case of conflict, you can try to find an amicable solution with a family mediator.

Alternatively, you can enter the Jaf: titleContent on which the residence of the parent with whom the child resides depends.

If you are not fully available to exercise your right of access and accommodation, you can entrust your child to a third party. For example, if you have work obligations, you can ask grandparents, your new partner, a maternal assistant, or an airy center to take care of them.

Similarly, if you have difficulty picking up or taking the child to the other parent, you can ask a third party to take care of it.

Convention or judgment shall, however allow this third party to make the journeys.

When one of the parents is movingWell, he must warn the other.

If the move affects the right of access and accommodation, this right may be modified.

The change of residence of the child is a ground for requesting a review of the DVH: titleContent either by establishing a parental agreement or, in the event of a conflict, by family mediator or the Jaf: titleContent.

Please note

only a judge may, as part of measures to protect victims of violence, authorize the parent not to reveal his or her address.

You can modify the conditions of the child's right of access and accommodation in case of a change of situation. For example, you want to welcome your child over a longer period, your situation changes (moving, new working hours)...

FYI  

If you are in the course of divorce proceedings, your child's right of access and accommodation has probably been set out in a court decision. In this case, until the divorce is pronounced, you you need to talk to your lawyer to change this right.

The procedure differs depending on whether you agree with the other parent.

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In case of agreement

You can set amicably the right of access and accommodation of your child without going through a family court judge by establishing a parental agreement.

Model parental agreement - Residence and rights of access and accommodation

Once the parental agreement is completed and signed by each parent, you can submit to the family judge for approval.

Approval by the Jaf: titleContent is recommended to give it enforceability.

You can use the following Cerfa form to apply for registration:

Joint request for the approval of a parental agreement

The form must be filed or sent to the court of the place of residence of one of the parents.

Who shall I contact

In case of disagreement

If you wish to have your child's right of access and accommodation changed, you can apply to the judge using the following form:

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

The form must be filed or sent to the court of the place of residence of the parent who harbors the child.

Who shall I contact

You are summoned toa hearing following which a judgment is given.

You don't have to hire a lawyer for this procedure. However, you can get the help of a lawyer if you wish.

Who shall I contact

If your income does not allow you to pay the fees from the lawyer, you can apply for thelegal aid.

Warning  

in some jurisdictions, the use of family mediation is required before entering the Jaf: titleContent (except in cases of domestic violence or child abuse).

The right of access and accommodation fixed by judgment or in a convention is one duty. It must be exercised by the parent.

However, it does not exist no legal sanctions or proceedings to oblige the parent to take the child.

In the best interests of the child and to avoid conflicts, you can notify the other parent if you do not exercise your right of access and accommodation. For example, to prevent the child from being left alone after school.

You can also ask the Jaf: titleContent the modification of this right of access and accommodation if it is no longer suitable.

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If one parent prevents the other from exercising this right

One parent may not deprive the other parent of the right of access and accommodation.

If you have a right of access and accommodation and the other parent prevents you from exercising it, you can make a handrail. You can also complain.

The parent who prevents the other from exercising his right of access and accommodation commits the offense of non-representation of a child. This offense shall be punishable by year of imprisonment and €15,000 of fine.

When the transfer of residence, or the moment when the child moves from one parent to the other, poses a danger to one of the parents, it is the judge who organizes it. It can be done in a meeting place or with the assistance of a trusted third party (a parent, a social worker...) or in front of a police station or a gendarmerie.

If the parent no longer exercises this right

There is no procedure to compel a parent to exercise his or her right of access and accommodation.

When the other parent no longer exercises his right of access and accommodation, you can enter the Jaf: titleContent so that it can decide on this right again.

You can also ask for an increase in support payments. Indeed, you have a greater financial burden than what is provided for in the original judgment or parental agreement.

Please note

You have to prove to the judge that the right of access and accommodation is not respected. At each missed right of access and accommodation, it is recommended to gather evidence (handrails, testimonies, exchanges between parents).

If the parent is regularly late in exercising this right

When the other parent don't warn whether or not he comes to pick up the child or whether he frequently arrives late, you can request:

  • the intervention of a family mediator to make him understand the importance of keeping to the scheduled times
  • only one advance notice period be set up by the Jaf: titleContent.

The advance notice period is a period after which the other parent may consider that the parent entitled to access and accommodation will no longer exercise his or her right. For example, if the other parent is scheduled to notify you on the Wednesday before the weekend if he or she will pick up the child and does not do so, you can consider that the other parent has given up exercising his or her DVH: titleContent.

For school holidays, the warning period can be 2 months before the big summer holidays and 1 month before the small holidays. This allows the parent with whom the child has his or her habitual residence to arrange accordingly for the booking of holidays or the child's care.

If the parent is violent

With the child

The right of access and/or accommodation of the violent parent may be modified or even eliminated by the judge if justified by the interests of your child.

FYI  

The juvenile judge may also be seized.

With the other parent

The right of access and/or accommodation may be suspended temporarily, for example, as part of a protection order pronounced by Jaf: titleContent.

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