How can custody and maintenance of children be determined amicably?
Verified 26 July 2024 - Directorate for Legal and Administrative Information (Prime Minister)
At the time of your separation, or even later, you can to formalize the agreement that you found with the other parent by writing a parental agreement.
In this writing, you stare amicable the measures relating to common children.
The parental agreement can be used whether you are concubines, civil partnership partners or even married. However, if you are married and in the process of separation, signing a parental agreement does not exempt you from divorce proceedings. In the context of divorce, the rules concerning your children will have to be defined again (even in case of divorce by mutual consent).
In particular, the agreement allows you to agree in writing on the following points:
- Exercise of parental authority
- Residence of the child (in a parent or alternate)
- Visitation and accommodation rights of the non-custodial parent
- Maintenance.
Please note
To help you find a friendly solution, you can use the family mediation.
You can use the following parental agreement form to establish the residence of one of the parents:
Model parental agreement - Residence and rights of access and accommodation
To establish alternate residence, you can use another form:
Model parental agreement - Alternate residence
The two models above include measures on parental authority, custody and maintenance.
Once the parental agreement is completed and signed by each parent, you can submit to the family judge for approval.
Certification is advisable to give enforceability at your parental agreement.
You can use a 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 domicile of either parent.
Who shall I contact
The lawyer is not obligatory to draw up and apply for the approval of a parental agreement. However, you can get the help of a lawyer for guidance in drafting the parental agreement.
FYI
The models of parental agreements are a drafting aid. You still have the option of writing your agreement on free paper.
The approval procedure unfolds without hearingunless the judge considers it necessary to hear the parents.
The Jaf: titleContent may approve or refuse to approve the agreement submitted to it. However, it cannot amend the convention.
The approach is free unless you hire a lawyer.
FYI
Measures concerning children are not definitive because the situation of parents or children may change (for example, in the case of a parent's move). Parents may decide to change the measures in a new agreement or by referring the matter to the Jaf.
Who can help me?
Find who can answer your questions in your region
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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- Service free
The informants who answer you are from the Department of Justice.
To reach an agreement
Family mediator
Approval of the parental agreement by the JAF
Procedure for the approval of a parental agreement
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