Child Relocation 2023 Comparisons

In France, “parental responsibility” is known as “parental authority”. Article 371-1 of the French Civil Code defines parental authority as “a set of rights and duties whose ultimate aim is the best interests of the child”. It includes all decisions with regards to the child’s safety, health, moral well-being, education, and development. It is exercised jointly by the parents, whether married or not, of the same sex or not, as soon as filiation with the child has been established.

According to Article 311-25 of the Civil Code, parentage is established by the mother’s name on the child’s birth certificate. Parentage can also be established by an acknowledgement of maternity before or after birth.

There is a presumption of paternity if the child was conceived or born during the marriage (Articles 312 et seq of the Civil Code). Paternity can be established by an acknowledgement of paternity before or after birth. Note that there is no requirement for the mother’s agreement.

If a person who is not the biological parent of the child wishes to establish a parent–child relationship with the child, they must follow the adoption procedure in accordance with Articles 343 et seq of the Civil Code.

The fact that the parents are married does not affect the determination of the child’s affiliation or the joint exercise of parental authority. The only difference in the case of marriage is the presumption of paternity, which can always be challenged.

There is no difference for same-sex parents to exercise joint parental authority over the child.

There are two types of adoption in France: simple and full (plénière). In a simple adoption, the child retains links with their family of origin. In a full adoption, the links between the child and the family of origin are severed.

In both cases, it is possible to adopt alone, or as a couple (cohabiting, married or partnered), by a heterosexual or homosexual couple.

Simple Adoption

The adopter must be over 26 years old and 15 years older than the adopted child (with exceptions authorised by the judge, such as the adoption of a sibling). It is possible to adopt alone, but if the adopter is married or in another relationship, the other member of the couple must consent to the adoption.

Full Adoption

The age requirements are the same as for a simple adoption. However, if a person is adopting the child of their spouse or partner, there is no minimum age requirement. It is also possible to adopt alone, but in this case, as with a simple adoption, the consent of the other member of the couple must be obtained.

Relocating a child to a new country requires the consent of the other parent as part of the joint exercise of parental authority. In the event of disagreement, the more diligent parent must refer the matter to the family judge, who will decide in the best interests of the child.

If the other parent disagrees with the move or does not agree, the parent wishing to move with the child must apply to the Family Affairs Judge for authorisation to change the child’s place of residence.

Any change of residence by one of the parents which alters the arrangements for the exercise of parental authority must be notified in advance and with sufficient notice to the other parent. In the event of disagreement, the more diligent parent will refer the matter to the family judge, who will decide in accordance with the best interests of the child.

In other words, if one parent is moving nearby and this does not in any way affect the other parent’s rights of access and residence, or even the school, the other parent’s consent is not required. If this is not the case, the other parent must be informed, and any disagreement taken to the judge.

In France, it is illegal to remove a child from the French jurisdiction without the consent of the parents or, where appropriate, an order from the judge.

In civil cases, the matter can be referred to the central authority of the Ministry of Justice (DEDIPE), which deals with child abduction abroad and is designated by the 1980 Hague Convention. If the country to which the child has been abducted is not a signatory to the 1980 Hague Convention, either this authority or the Ministry of Foreign Affairs will deal with the case, depending on the country of refuge.

Under criminal law, it is possible to file a complaint for child abduction. Filing a criminal claim is not recommended when the Hague Convention is also used, in order not to set any obstacle to the return of the abducting parent with the child.

France is a signatory to the Hague Convention of 25 October 1980.

The French central authority often provides free legal advice on the steps to be taken. However, this advice is limited, so a specialist lawyer or associations will need to be contacted. There are also freephone numbers for child abduction, giving advice on what to do (116000).

In general, France applies the 1980 Hague Convention rigorously, even if the interpretation of certain concepts is sometimes at odds with the objective of the Convention. For a while, France applied the serious risk exception in Article 13b) more flexibly. For some years now, its interpretation has become stricter. The difficulties in France relate to the time taken by the courts and the enforcement of return orders. In France, the enforcement of return orders depends on the Public Prosecutor of the court that issued the return order.

If the child has been taken to a country that is not a signatory to the 1980 Hague Convention, the parent of the abducted child should contact the French Central Authority of the Ministry of Justice, which handles abductions with certain countries that are not signatories to the Convention. They will refer the parent to the central authority of the Ministry of Foreign Affairs if necessary. It is also necessary to check whether the refusing state is linked to France by a bilateral agreement on child abduction and to follow the procedures laid down in the agreement (eg, Algeria, Tunisia, Morocco, Lebanon, Egypt). If France has not signed an international agreement with the state of refuge, the French judge will tend to refuse to return the child.

Regarding the cost of return proceedings under the 1980 Hague Convention, engaging the services of a lawyer is not compulsory for return proceedings but is strongly recommended. It is possible to apply for legal aid from the competent court (there are, however, residence and income conditions in France). If the parent is not eligible to apply for legal aid, everything will depend on the law firm chosen and the fees charged.

In principle, legal proceedings take six weeks, but in practice they take three or even four months at first instance, depending on the court, from the date of the application.

France is a signatory to the Hague Convention.