Parental authority: can a separated parent move freely?

As a separate parent, you have the right to move for professional or personal reasons. The other parent can't stop you, whatever the mode of child care (alternating or fixed residence in one parent).

However, you must inform before the other parent of the change of residence, if that change affects the conditions for the exercise of parental authority. This is the case, for example, if your move to a remote area makes it impossible for the other parent to visit and stay there.

This information must be given as soon as possible to the other parent to enable you to find together a new organization of the child's life (residence, rights of visit and accommodation...).

In case of agreement, you can establish a parental agreement which specifies the new rules adopted following your move.

In case of disagreement, you can use a family mediator or refer the matter to the family judge (Jaf: titleContent) using the following form:

Application to the family judge (parental authority, right of access, maintenance...)

The form must be sent in the court of place of residence of the child.

The lawyer is not obligatory for this procedure.

The Jaf still rules according to the best interests of the child. For example, the judge may determine the child's residence with the other parent.

Jaf can also review the financial charges between you and the other parent, which are:

• Allocate travel expenses
• Adjust the maintenance.

If your child resides with you under a judgment or agreement (divorce or parental), you must inform the other parent of your new address no later than 1 month after the move. If you don't, you commit a infringement punishable by 6 months' imprisonment and a fine of €7,500.