Parental authority: definition, exercise, disagreements and withdrawal

Published on 09/07/2026

Parental authority (autorité parentale) is at the heart of most family conflicts: who decides for the child, how far, and what happens in the event of disagreement? Here, in a documentary way, is what French law says — from the definition of parental authority to its withdrawal, by way of the thorny distinction between everyday decisions and important choices.

What is parental authority?

Article 371-1 of the Civil Code gives the reference definition:

"Parental authority is a set of rights and duties whose purpose is the interest of the child. It belongs to the parents until the child comes of age or is emancipated, in order to protect the child's safety, health, private life and morality, to ensure their education and allow their development, with due respect for their person. Parental authority is exercised without physical or psychological violence. Parents involve the child in the decisions that concern them, according to their age and degree of maturity."

Two often-overlooked elements appear in this text: the prohibition of corporal punishment in child-rearing (Law of 10 July 2019) and the child's right to be involved in the decisions that concern them.

Joint exercise, even after separation

As a matter of principle, both parents exercise parental authority together (Article 372 of the Civil Code). And this does not change when they separate: "The separation of the parents has no effect on the rules governing the devolution of the exercise of parental authority" (Article 373-2). The parent with whom the child does not live therefore fully retains their parental authority — residence organises daily life, it does not deprive anyone of their role as a parent (see The child's residence after separation).

Everyday decisions and important choices

This is the most frequent source of tension. The dividing line:

Routine acts (actes usuels) (ordinary school enrolment, everyday care, outings…): one parent may act alone. As regards third parties in good faith, they are "deemed to act with the other's agreement" (Article 372-2 of the Civil Code).
Important acts (changing school, religious choices, major surgery, a move that alters the arrangements, posting the child's image on social media…): the agreement of both parents is required.

There is no fixed statutory list: the official page Exercise of parental authority (F3132) gives useful examples.

In the event of disagreement: the family court judge

When the parents do not agree on an important decision, the family court judge may be seised (Article 373-2-8 of the Civil Code). The judge's powers have been strengthened: Article 373-2-6 notably allows the judge to impose a penalty payment (astreinte), to prohibit the child from leaving the country without the agreement of both parents, or even a civil fine of up to 10 000 € against a parent who deliberately obstructs, in a serious or repeated manner, the enforcement of a decision. Before it comes to that, family mediation is often the most effective way to settle a one-off disagreement.

When exercise is entrusted to a single parent

If the child's interest so requires, the judge may entrust the exercise of parental authority to one parent alone (Article 373-2-1 of the Civil Code). Beware: this is not a sidelining. The text states that the other parent retains important rights:

"The parent who does not exercise parental authority retains the right and the duty to oversee the child's maintenance and education. They must be informed of the important choices relating to the child's life."

They also keep their contact and accommodation rights (save for serious reasons) and remain bound to contribute to the child's maintenance.

Delegating parental authority

A parent may, "where circumstances so require", ask the judge to delegate all or part of the exercise of their parental authority to a trusted third party, a family member or the child welfare service (Article 377 of the Civil Code). This delegation is always ordered by a judge: no private waiver has any effect (Article 376).

The withdrawal of parental authority

This is the most serious measure — the old term "forfeiture" (déchéance) has been abandoned, and today one speaks of withdrawal, total or partial. It may be ordered by the criminal court following a conviction (Article 378), or by the judicial court in the absence of any conviction, notably in cases of ill-treatment, endangerment, or where the child is a witness to violence between their parents (Article 378-1).

⚠️ Since the Law of 18 March 2024, the exercise of parental authority and the contact rights of a parent prosecuted or placed under investigation for a crime against the other parent, or for an incestuous sexual assault or a crime against the child, are suspended by operation of law until the judge's decision (Article 378-2).

Two important points: the withdrawal procedure requires a lawyer (sheet F3135); and losing parental authority does not exempt one from contributing financially — Article 371-2 states that the maintenance obligation "does not cease by operation of law either when parental authority or its exercise is withdrawn, or when the child comes of age".

Parental authority, residence, maintenance: three distinct things

Concept	What it is about	Effect of separation
Parental authority	Rights and duties over the child (art. 371-1)	In principle remains joint
Residence	Where the child lives (art. 373-2-9)	Alternating or with one parent
Child maintenance	Financial contribution (art. 371-2)	Owed even where parental authority is withdrawn

Confusing these three concepts is the most frequent mistake. See our guides The child's residence and Child maintenance.

Documenting a disagreement, a failing or a danger — dates, facts, exchanges — is often decisive before the judge. This is the organisational work Aridelle is designed to make easier: gathering your material, keeping the thread and preparing your questions for a professional. See Building an evidence file for the family court judge.

For any individual situation, turn to a lawyer, a point-justice or Allô Service Public (3939). In cases of violence, 3919 is free and anonymous.