Can a parent have access without exercising parental authority?

Most often, a parent does not exercise parental authority because a judge's decision grants the exclusive exercise of parental authority to the other parent. This is for example the case when the parent disinterested of the child or that he or she danger its physical or moral security (alcohol or drug addictions, violence...).)

The parent who makes a late recognition of his child (after the age of 1 year) is also deprived of the exercise of parental authority.

Finally, there are cases in which no parent exercises parental authority because of a delegation of parental authority to a third party.

In all these situations, the parent who does not exercise parental authority retains the other rights and duties attached to parental authority. He has the right and duty to supervise the maintenance and upbringing of the child and may request the Jaf to grant him a rights of access.

The Jaf: titleContent shall take its decision taking into account theinterest of the child. It grants access in accordance with the child's needs to have effective and continuous links with his or her parents.

The Jaf can refuse visitation rights for the welfare and safety of the child. Refusal does not occur only on serious grounds (disinterest in the child, violence, endangering the child...).)

The Jaf: titleContent lays down the procedures for the exercise of rights of access, taking into accountinterest of the child. He must fix the periodicity and the duration the measure and the right of access (for example, 2 hours every week, 1 hour per month for 12 months).

The Jaf may decide that the right of access shall be exercised:

• in a neutral location outside the parents' home (for example, in a park)
• and/or in the presence of a person trustworthy (grandparent, friend...))

The Jaf may also decide that the visits will take place in a meeting space designated for that purpose. Then we talk about media access rights. This type of access is introduced, for example, when a parent does not have a fixed address or when he or she has long since disappeared from the child's life.

The right of access is suspended automatically if the parent is sued by the public prosecutor or indicted by a investigating judge for one crime committed against the other parent, against the child or for a sexual assault incestuous

It can also be suspended if the parent is indicted for domestic violence and subject to a judicial review forbidding him to come into contact with the child.

The right of access may be deleted by the Jaf: titleContent for serious grounds :

• Physical or psychological danger of the child (violence, alcoholism, psychological disorders...))
• Proven lack of interest in the child (the parent no longer exercises access rights, no longer gives news...))
• Decision-making by the parent who no longer has the exercise of parental authority without consultation with the other (