Delegation of parental authority

Parents who can no longer assume duties and rights towards their child can delegate them to another person called delegated third party.

The delegation of parental authority is voluntary when the father and mother, together or separated, initiate this procedure themselves by appointing another person.

The delegation of parental authority allows to share or transfer the rights and duties of the parent(s) in the best interests of the child.

The delegation is used to protect the child in his safety, health and morals, to ensure his education when the parent or parents cannot do it.

It may be total or partial.

The delegation of parental authority may be made only by decision of the family court judge (Jaf: titleContent).

The delegation of parental authority may be established, for example, in the following situations:

• Relational difficulties with the child
• Remoteness (long trip abroad...)
• Hospitalization
• Serious illness
• Incarceration.

The parents may request such delegation, whether together or separately.

When the parents jointly exercise parental authority, the request for delegation is made jointly.

When a parent exercises sole parental authority, he initiates the procedure alone while informing the other parent.

The parent(s) must designate a person who will be delegated third party.

These may include:

• Family member (uncle/aunt, older brother/sister, grandparents)
• Close trustworthy (e.g. the parent's companion who is involved in their upbringing)
• Establishment approved for the collection of children
• Departmental Service of child welfare (CSA).

The parent(s) must seize the Jaf: titleContent the court of law on which the child's domicile depends.

The application may be made jointly by the parents and the third party delegate if they have chosen one.

The application is made using the Cerfa 16076 form. It can be sent or dropped off at Jaf: titleContent competent with the requested documents.

Request for voluntary delegation of parental authority

The registry of the court shall summon the parties by registered letter with acknowledgement of receipt, 8 at least days before the hearing.

The following persons shall be summoned:

• The parent(s) of the minor
• Third-party candidate for delegation
• Person, institution or service that took in the minor.

The public prosecutor is informed of the hearing date. He must give his opinion orally or by written conclusions. It may commission an investigation to gather information on the morality and/or the situation of the minor's family.

The minor may request to be auditioned by the judge.

If there is a educational assistance measure in the course of proceedings before the juvenile judge, the latter forwards all or part of his file to the judge or gives his opinion.

All parties have the opportunity to consult all or part of the file until the day before the hearing.

The decision is notified by registered letter with acknowledgement of receipt in the 8 days, to all parties, including public prosecutor.

In case of dispute, the parties may call of the decision rendered within the 15 days from its notification.

The appeal is made by sending a statement of appeal to the Registry of the Court of Appeal by registered letter.

The lawyer is not mandatory.

If a lawyer represents a party, he or she may be issued copy of all or part of the file. He cannot communicate the copies obtained or their reproduction to his client.

A lawyer may be appointed under thelegal aid if one of the parties wishes to have one but does not have enough income.

It exists 2 types of delegation: delegation-sharing and delegation-transfer.

The family judge decides on the type of delegation according to the request made to him, the capacity of the parent or parents or the third party delegate in the education of the child.

The right to consent to the adoption of the minor cannot never be delegate. Only parents can consent to the adoption of their child.

In the case of placement of the child in a foster home or foster family:

• One rights of access and/or accommodation may be provided for the parent(s)
• The third party delegate may obtain reimbursement of all or part of the expenses incurred for the child from the parent(s) at the end of the placement
• The delegated third party becomes civilly responsible acts committed by the child
• The delegated third party must provide for maintenance and education of the child

Delegation of parental authority ends when the child becomes major where is emancipated.

The restoration of parental authority may be requested when there are new circumstances, for example, the professional and personal situation of one of the parents has stabilized.

The request is made at Jaf: titleContent the court of law on which the domicile of the third party delegate depends with the Cerfa 16097 form.

Application for the revocation of a delegation of parental authority

If the third party delegate can no longer or no longer wishes to exercise that delegation, it may request transfer to another third party by entering the Jaf: titleContent of the court on which his domicile depends.

The Cerfa 16096 form is used to refer the case to the judge.

Request for the transfer of a delegation of parental authority

The Public Prosecutor's Office may request the transfer of the delegation if the child has not found a satisfactory emotional and social environment in the third party delegate.

The applicant must settle a tax stamp of 50 €, unless he is a beneficiary of legal aid

If a party has a lawyer, they have to pay their fees. If the party does not have enough income, it can apply legal aid.