A separated parent moving house: can you move with the child, and what can the judge do?

Published on 09/07/2026

A new job at the other end of France, moving closer to family, the wish to turn the page: after a separation, a parent may want to move house. Two symmetrical questions then arise — "do I have the right to move away with my child?" and "my ex wants to move away with our child, what can I do?". Here, in a documentary way, is what French law provides. For the general concepts of residence and contact rights, first see our guide The child's residence after separation.

Does a separated parent have the right to move house?

Yes. Moving house is a matter of the freedom of movement, a fundamental freedom: the other parent cannot forbid it. The official page Can a separated parent move house freely? (service-public.gouv.fr, F11389) says so plainly:

"As a separated parent, you have the right to move house for professional or personal reasons. The other parent cannot forbid it."

The freedom to move house is therefore established. What is regulated is the consequences of the move on the organisation of the child's life.

Informing the other parent: an obligation (which is not a request for permission)

Where parental authority is exercised jointly, a change of residence that alters the arrangements for exercising parental authority — because it moves the child away, disrupts contact rights, changes the school — requires prior notice to the other parent. This is the last paragraph of Article 373-2 of the Civil Code:

"Any change of residence of one of the parents, insofar as it alters the arrangements for exercising parental authority, must be the subject of prior notice, given in good time, to the other parent."

Two words matter: prior (before departure, not after) and in good time (early enough for the other parent to react). But informing is not asking for permission: the other parent's agreement is not required. If they disagree, it is for them to refer the matter to the judge.

ℹ️ A move that changes nothing in the arrangements (a few streets away) does not fall within the scope of this obligation: it is triggered only if the arrangements for exercising parental authority are actually altered.

In the event of disagreement: the family court judge decides

If the parents do not agree, the same Article 373-2 designates the judge:

"In the event of disagreement, the most diligent parent refers the matter to the family court judge, who rules according to what the child's interest requires. The judge apportions the travel costs and adjusts the amount of the contribution to the child's maintenance and education accordingly."

The most misunderstood point can be stated in one sentence: the judge does not forbid the move — but may decide that the child will henceforth reside with the parent who is not moving. The parent's freedom of movement remains intact; what is at issue is the child's place of life. The judge may also rework the contact and accommodation rights, apportion the travel costs between the parents and revise the maintenance (see Child maintenance).

To decide, the judge applies the criteria of Article 373-2-11 of the Civil Code: the parents' previous practice, the sentiments expressed by the child, each parent's ability to respect the other's rights, expert assessments, social inquiries, and any pressure or violence. Everything turns on the concrete assessment of the child's interest.

"My ex wants to move far away with our child": the right reflexes

If you learn that a distant move is being prepared and dialogue has broken down, the legal route is clear — and it is not to hold on to the child yourself:

Keep a written record of everything: the announcement of the move, your exchanges, your proposals. Recording these dated facts as they occur is precisely one of Aridelle's uses (see Keeping a timeline of events).
Propose in writing a new contact schedule suited to the distance: this shows your good faith and prepares the file.
Try family mediation, often the quickest route to an agreement.
Refer the matter to the family court judge upstream if disagreement is foreseeable, without waiting for departure — see Applying to the family court judge.

⚠️ Failing to notify a change of address within one month, where a judgment or agreement already sets contact or accommodation rights, is an offence distinct from the civil obligation above: Article 227-6 of the Criminal Code punishes it with six months' imprisonment and a fine of 7 500 €.

Moving abroad: leaving the country and international abduction

Departure abroad with the child is subject to far stricter rules than moving within France.

Ban on leaving the country (interdiction de sortie du territoire, IST) — a lasting measure ordered by the family court judge. Under Article 373-2-6 of the Civil Code, the judge "may notably order that the child be prohibited from leaving French territory without the authorisation of both parents". It is entered in the wanted persons file.
Objection to leaving the country (opposition à la sortie du territoire, OST) — an emergency measure, not to be confused with the IST: in the event of an imminent risk of departure, any parent may request it at the préfecture, the police station or the gendarmerie. It is valid for 15 days maximum, non-renewable — the time needed to refer the matter to the judge. Details on the page Parental conflict over a child leaving the country (service-public.gouv.fr, F1774).
Criminal aspect. Taking the child away without the agreement of the other parent holding parental authority may constitute removal of a child (Article 227-7 of the Criminal Code, 1 year and 15,000 €) or failure to return a child (Article 227-5, same penalties). Keeping the child outside France raises the penalty to three years' imprisonment and a fine of 45,000 € (Article 227-9 of the Criminal Code).
The child's return. A child wrongfully removed abroad may be the subject of an application for return under the Hague Convention of 25 October 1980, via the French central authority (Ministry of Justice) — see Parental abduction: the applicable conventions (justice.gouv.fr) and the page Parental abduction — failure to return a child (F1191). This procedure seeks the return to the country of habitual residence, not the merits of custody, and ceases to apply at 16.

How much does an application to the judge cost?

⚠️ Since 1 March 2026, referring a matter to the civil courts is no longer free. A legal aid contribution of 50 € (a dematerialised tax stamp) is due for a first-instance application to the judicial court — and therefore for referring a matter to the family court judge (official presentation). Exempt from it are notably beneficiaries of legal aid (aide juridictionnelle), the approval of an amicable parental agreement (Article 373-2-7 of the Civil Code), and the application for a protection order.

A lawyer is not mandatory before the family court judge for residence, parental authority or contact rights. Subject to income conditions, legal aid can cover the costs.

In cases of violence

⚠️ A victim of domestic violence who benefits from an authorisation to conceal their address (as part of a protection order) is not required to give their new residence to the violent parent: the last paragraph of Article 373-2 expressly rules out the notice obligation in that case. In the event of danger, 3919 (Violences Femmes Info) is free and anonymous, and 17 answers emergencies.

Moving house, distancing, leaving the country: these cases turn on dated facts and clear evidence — the announcement of the departure, the exchanges, the proposals made. Gathering and ordering this material to present it to a professional is exactly what Aridelle is designed to make easier. See also 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).