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Parent (s) victim (s) of child abduction abroad

Written by Administrator Monday, 30 May 2011 04:33

Parent (s) victim (s) of child abduction abroad, unable to exercise your right to visit, or who, because of your family situation / personal fear that your spouse 's takes to install your child abroad without your consent, this notice is for you.

Does not claim to be comprehensive this manual recounts much of what you need to know. Many points call for further information that are developed in our fact sheets.

These cards do not claim to reflect all cases and all situations, we strongly recommend you contact the Ministry of Foreign Affairs, Deputy Director of International Cooperation in Family Law to check on the one hand if the information in your possession are still valid and we inform the other of your situation. Our services will try to direct you to organizations, governments appropriate for you.

Parental authority

The parental authority is the set of rights and duties that parents should be implemented to ensure the education, protection and development of their minor children. Its purpose is the interest of the child.

In France, the Act of March 4, 2002 reaffirms the principle already enshrined in the law of January 8, 1993 that the parents have joint parental authority, during their joint lives and after their separation.

It extends this principle more widely to unmarried parents, who now exercise parental authority in common, since they both recognized the child before the age of one year. Parents no longer have to report further evidence of their life together in the first year of the child. The act of community life is deleted. If the child has not been recognized by both parents before the age of one year, the joint exercise of parental authority will result in a joint statement by the parents for this purpose before the chief clerk of the court High Court.

Parental authority in case of separation

The separation of parents, married or cohabiting, do not terminate the joint exercise of parental authority. Parents continue to exercise together and equal rights and duties of parents. They will need to agree, for example, the direction their child's school, its relationships with third parties, issues relating to their health. They must also guarantee the right of the child to maintain personal relationships with the other parent.

The Act of March 4, 2002 contains provisions to ensure the effective exercise of that joint parental authority.

Thus the parents now have the possibility of a alternating residence of the child into their homes. In case of disagreement, the judge may order the alternate residence for a specified period, after which he decided to keep the alternate residence or fix the residence of the child to a parent.

Similarly, the law requires a parent who changes residence to inform in advance and in time the other parent, as long as this change alters the joint exercise of parental authority.

Whatever the cause of the rupture, separation or divorce, parents are encouraged to set themselves the exercise of parental authority by an agreement to submit to the approval of the judge. It may refuse to approve the agreement before it if it finds that it does not sufficiently protect the interests of the child or if parental consent was not freely given.

In case of disagreement, the judge must seek to reconcile the parents and can direct them, with their agreement, to a family mediation to facilitate the search for a consensual exercise of parental authority.

Failing agreement, the judge decides on the allocation of parental authority. It may,
if the interests of the child to do, entrust the exercise of parental authority to one parent. In this case, the parent who exercises parental authority alone makes decisions concerning the child. The parent who does not exercise parental authority retains:

- The right to consent to marriage, adoption or emancipation of her child,

- The right and duty to oversee the maintenance and education of the child. It must be informed of important choices related to the life of the latter,

- The obligation to contribute to the maintenance and education of the child,


In divorce cases, these measures are taken on an interim basis for the duration of the procedure, to organize the lives of both parents and child. They are provided either by the agreement of parents in the case of a divorce by mutual consent or by order of non-conciliation made ​​by the judge in other cases of divorce. Until the divorce is granted, these measures may be modified upon the occurrence of new elements in the family situation.

The judge's decisions concerning parental authority and the residence of the child may be modified or upgraded at any time if new circumstances occur.


Warning: If you do not respect the judge's decision giving the other parent visitation rights and accommodation, by preventing the exercise of this right by taking the child abroad, or if n 'not having the exercise of parental authority or the residence of the child, but having a right of access and accommodation, you do not make the child and taken abroad against the will the other parent you commit the offense of failure to present a child. The penalties provided by law is three years imprisonment and 45,000 euros fine.