Delegation of parental authority
Verified 01 July 2024 - Directorate for Legal and Administrative Information (Prime Minister)
You are raising your child on your own, you are seriously ill and you want his grandparents to take your minor child in and take care of it? You can request a delegation of parental authority. It is sometimes imposed by the judge. We give you the information you need to know.
The delegation of parental authority helps and/or supports parents in the upbringing of the minor child. It allows the rights and duties of parents to be transferred, partially or totally, to a third party. It can be voluntary or forced.
Voluntary delegation
Parents who can no longer assume the duties and rights of their child may delegate them to another person called third party delegate.
The delegation of parental authority shall be voluntary when the father and mother, together or separated, initiate the procedure themselves by appointing another person.
The delegation of parental authority allows you to share or transfer the rights and duties of the parent(s) in the interests of the child.
The delegation serves to to protect the child safety, health and morals, to ensure education when the parent or parents cannot.
It may be total or partial.
The delegation of parental authority may take place only by decision of the family court judge (Jaf: titleContent).
The delegation of parental authority may be established, for example, in the following situations:
- Relationship difficulties with the child
- Remoteness (long trip abroad...)
- Hospitalization
- Severe illness
- Incarceration.
Example :
A minor child studies in France and lives at the home of his aunt (his parents live abroad). A delegation of partial parental authority may be requested for the aunt.
The parents may request such delegation, whether together or separately.
Where the parents jointly exercise parental authority, the request for delegation shall be made jointly.
Where a parent exercises sole parental authority, he or she shall initiate the procedure alone while informing the other parent.
The parent(s) must designate a person who will be third party delegate.
They may be:
- Family member (uncle/aunt, sibling (adult), grandparents)
- Trustworthy near (for example, the parent's partner in the parent's upbringing)
- Approved establishment for the collection of children
- Departmental Service of child welfare (ASE).
FYI
in the case of partial or total delegation of parental authority, the child shall not necessarily be placed in the home of the third party to whom parental authority has been delegated.
Parent(s) must enter the Jaf: titleContent the court of law on which the child's domicile depends.
The request may be made jointly by the parents and the third party delegate if they have chosen one.
Who shall I contact
The application is made using the Cerfa 16076 form. It can be envoy or deposed to Jaf: titleContent competent with the requested documents.
Request for voluntary delegation of parental authority
The Registry of the Court shall convene the parties by registered letter with acknowledgement of receipt, 8 at least days before the hearing.
The following persons shall be summoned:
- Parent(s) of the minor
- Third Party Candidate for Delegation
- The person, institution or service that took the minor in.
The public prosecutor's office shall be informed of the date of the hearing. He must give his opinion orally or by written submissions. It may commission an inquiry to gather information on the morality and/or situation of the minor's family.
The minor may ask to be auditioned by the judge.
If there's a educational assistance measure pending before the juvenile judge, the latter transmits all or part of his file to the judge or gives his opinion.
All parties have the possibility to consult all or part of the file until the day before the hearing.
The decision is notified by registered letter with acknowledgement of receipt within 8 days, to all parties, including public prosecutor.
In the event of a dispute, the parties may call of the decision given within the 15 days from its notification.
The appeal is made by sending a statement of appeal to the Registry of the Court of Appeal by registered letter.
The lawyer is not obligatory .
If a lawyer represents a party, he or she can be discharged copy of all or part of the file. He cannot communicate the copies obtained or their reproduction to his client.
A lawyer may be appointed under thelegal aid if one of the parties wishes to have one but does not have sufficient income.
FYI
in case ofcall of the decision, counsel is not obligatory before the court of appeal
It exists 2 delegation types: delegation-sharing and delegation-transfer.
The family judge decides on the type of delegation based on the request made to him, the capacity of the parent(s) or third party delegate in the upbringing of the child.
The sharing delegation
The sharing delegation causes joint decisions by the parents and the third party delegate.
The customary acts of the minor's daily life (visit to the doctor, enrollment in school, etc.) are carried out by the parent(s) or third party delegate.
For important acts (school orientation, dissemination of photos of the child on social networks...), an agreement between the parent(s) and the third party delegate must be found.
The decisions that may be taken by the third party delegate (maintenance, education, health, schooling, etc.) and their limits must be mentioned in a document drawn up by the parties.
The third party delegate is not responsible for the child's actions. The parent(s) remain responsible for their child.
He is not required to contribute to the maintenance and to the child's education, that is to say to pay for the child's expenses.
FYI
the sharing delegation allows one of the parents to exercise parental authority jointly with his new spouse, partner or cohabiting partner.
Delegation-Transfer
The delegation-transfer implies that theparental authority is transferred in whole or in part to the delegated third party.
She private the parent(s) may make certain decisions for the child.
In the case of delegation-transfer total, it is the third party delegate who takes all the decisions for the child for the usual and non-usual acts.
In the case of delegation-transfer partial, the parent(s) and the third party delegate shall each act in the fields provided for in the decision of the Jaf: titleContent .
The right to consent to adoption of the minor cannot never be delegate. Only parents can consent to the adoption of their child.
In the case of placement of the child in a home or foster family:
- One right of access and/or accommodation may be provided for the parent(s)
- The third-party delegate may obtain reimbursement of all or part of the costs incurred for the child by the parent(s) at the end of the placement
- The third party delegate becomes civilly liable acts committed by the child
- The third party delegate must support maintenance and education of the child
Delegation of parental authority ends when the child becomes major or is emancipated.
Restoration of parental authority may be requested when there are new circumstances, for example, the professional and personal situation of one of the parents has stabilized.
The request is made at Jaf: titleContent of the court on which the domicile of the third party is dependent with the form Cerfa 16097.
Application for revocation of a delegation of parental authority
If the third party delegate can no longer exercise this delegation, or no longer wishes to do so, it may request transfer to another third party by entering the Jaf: titleContent of the court on which his domicile depends.
Who shall I contact
The Cerfa 16096 form allows for the court to be seized.
Request for the transfer of a delegation of parental authority
The public prosecutor's office may request the transfer of the delegation if the child has not found, in the third party delegate, the satisfactory emotional and social framework.
FYI
if it is in the best interests of the child, the former delegate may obtain access and/or accommodation. For example, when the mother's ex-partner, having been a third party delegate, knew and cared for the child from an early age until their separation.
The procedure is free of charge.
If a party has a lawyer, they have to pay their fees. If the party doesn't have enough income, they can ask legal aid.
Forced delegation
In certain specific situations (disinterest, conviction...), the delegation of parental authority is imposed on parents.
The Delegation ofparental authority can share or transfer the rights and duties of the parent(s) in the interests of the child.
The delegation serves to to protect the child in its safety, sa health and its morality, for to ensure his education when the parent or parents cannot do so.
It can be total or partial.
The delegation of parental authority may be requested in the following situations:
- If the parent(s) disinterest obviously from their child
- If the parent(s) are in the impossibility of exercising all or part of their parental authority (long hospitalization, homeless...)
- If a parent is prosecuted, indicted or convicted for a crime committed on the other parent causing his death
- If a parent is prosecuted, indicted or convicted for a crime or a sexual assault incestuous committed on his child as the sole holder of parental authority.
FYI
When the image scattering of the child by its parents carries seriously violation of his dignity or to its moral integrity, the exercise of the right to the child's image may be delegated to a third party.
The following persons or institutions may request it:
- Departmental establishment or service of Child Welfare (CSO) who took the child in
- Person who took the child in
- Family member
- Public Prosecutor.
When the public prosecutor makes the request, he must ensure that prior to the agreement of the third party applying for the delegation of parental authority, whether or not he has taken in the child.
If a children's judge is already seized, he or she may refer the case to the parquet floor which, if it considers it necessary, will refer the matter to the Jaf: titleContent, with the agreement of the third party who took the child in. The Juvenile Court is not competent to grant the delegation of parental authority.
The Jaf: titleContent may designate a third party delegate.
These may be the following persons or institutions:
- Family member
- Trustworthy near
- Approved establishment for the collection of children
- Departmental Service of child welfare (ASE).
The person or institution that took the child, a family member or the child public prosecutor's office may request the delegation of parental authority from the judge.
The Jaf: titleContent jurisdiction shall be that of the court whose child's home.
This request is made using the following form:
The form may also be sent to the Public Prosecutor, who forwards it to the court.
Who shall I contact
The Registry of the Court shall convene the parties by registered letter with acknowledgement of receipt, 8 at least days before the hearing.
The following persons shall be summoned:
- Applicant
- Parent(s) of the minor
- Third Party Candidate for Delegation
- The person, institution or service that took the minor in.
The public prosecutor's office is notified of the hearing date. He must give his opinion orally or by written submissions. The Public Prosecutor's Office may order an investigation to gather information on the morals and/or status of the minor's family.
The minor may ask to be auditioned by the judge.
If there is an educational assistance measure in progress, the juvenile judge shall transmit all or part of his or her file to the judge or give his or her opinion.
All parties have the opportunity to consult all or part of the file until the day before the hearing.
The decision is notified by registered letter with acknowledgement of receipt within 8 days to all parties including from public prosecutor.
In the event of a dispute, the parties may call of the decision given within the 15 days from its notification.
The appeal is made by sending a statement of appeal to the Registry of the Court of Appeal by registered letter.
The lawyer is not obligatory for this procedure.
If a lawyer represents a party, he or she can be discharged copy of all or part of the file. He cannot communicate the copies obtained or their reproduction to his client.
A lawyer may be appointed under thelegal aid if one of the parties wishes to have one but does not have sufficient income.
FYI
in case ofcall of the decision, counsel is not obligatory before the court of appeal
It exists 2 delegation types: delegation-sharing and delegation-transfer.
The family judge decides on the type of delegation based on the request made to him, the capacity of the parent(s) or third party delegate in the upbringing of the child.
Delegation-Sharing
The sharing delegation causes joint decisions by the parents and the third party delegate.
The customary acts of the minor's daily life (visit to the doctor, enrollment in school, etc.) are carried out by the parent(s) or third party delegate.
For important acts (school orientation, dissemination of photos of the child on social networks...), an agreement between the parent(s) and the third party delegate must be found.
The decisions that the third party delegate can take (maintenance, education, health, education...) and their limits are mentioned in the judge's decision.
The third party delegate is not responsible for the child's actions. The parent(s) remain responsible for their child.
He is not required to contribute to the maintenance and to the child's education, that is to say to pay for the child's expenses.
FYI
the sharing delegation allows one of the parents to exercise parental authority jointly with his new spouse, partner or cohabiting partner.
Delegation-Transfer
The delegation-transfer implies that the parental authority is transferred in whole or in part to the third party to whom it is delegated.
She private the parent(s) may make certain decisions for the child.
In the case of delegation-transfer total, the third party delegate shall take all decisions for the child for the usual and non-usual acts.
In the case of delegation-transfer partial, the parent(s) and the third party delegate shall each act within planned areas by the decision of the Jaf: titleContent .
In the case of full delegation:
- The delegated third party alone shall take decisions on usual or non-usual acts
- The third party delegate is civilly liable of the child
- The third-party delegate must provide for the child
- The parent(s) may not benefit from access and/or accommodation.
In the case of partial delegation:
- A right of access and/or accommodation may be provided for the parent(s) when the child is placed
- The delegation shall not terminate the obligation to maintain the parent(s).
The right to consent toadoption of the minor can never be delegated. Only parents can consent to the adoption of their child.
FYI
in the event of the child being returned to his or her parents, the delegate may request reimbursement of all or part of the costs incurred by the parents.
The delegation of parental authority shall end when the child becomes major or is emancipated.
The restitution of parental authority may be requested when there are new circumstances, for example, the professional and personal situation of one of the parents has stabilized.
The request is made at Jaf: titleContent of the court on which the domicile of the third party is dependent with the form Cerfa 16097.
Application for revocation of a delegation of parental authority
If the third party delegate can no longer exercise this delegation, or no longer wishes to do so, it may request transfer to another third party by entering the Jaf: titleContent of the court on which his domicile depends.
Who shall I contact
The Cerfa 16096 form allows for the court to be seized.
Request for the transfer of a delegation of parental authority
The public prosecutor's office may request the transfer of the delegation if the child has not found, in the third party delegate, the satisfactory emotional and social framework.
The procedure is free of charge.
If a party has a lawyer, they have to pay their fees. If the party doesn't have enough income, they can ask legal aid.
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.
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Delegation of parental authority
Judicial Declaration of Parental Neglect
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