Withdrawal of parental authority - Danger or disinterest towards the child
Verified 01 mars 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)
Endangering the child
Parental authority may be withdrawn from parents who are clearly endangering the safety, health or morals of their child.
The court may order the withdrawal of parental authority in the following situations:
- Abuse by parents
- Usual and excessive use of alcohol or drugs by parents
- Known misconduct or criminal behavior by parents, for example, when the child witnesses physical or psychological pressure or abuse by one parent on the other parent.
- Lack of care or direction.
Disinterest in the child in the context of educational assistance
Parental authority may be withdrawn from parents in the event of disinterest for their child.
This decision is taken if the following two conditions are met:
- One educational assistance measure has been taken in respect of the child
- The parents voluntarily abstaining for more than 2 years to exercise the rights and duties which they had retained despite the assistance measure. This is the case, for example, of the parent who does not hear from his child while he is still exercising parental authority.
Parental authority may be withdrawn at 1 parent only or to 2 parents.
Withdrawal of parental authority may affect one or more of the children.
Withdrawal of parental authority may be requested by the following persons:
- Public Prosecutor's Office
- Family member (grandparents, uncle, aunt...)
- Guardian of the child
- Departmental Child Welfare Service (Ase) to which the child is entrusted.
Query
The application must be made in the form of a query drafted by counsel for applicant.
The application must be filed or sent to court of the place of residence of the parent against whom the action is brought.
Who shall I contact
Warning
One fiscal stamp from €50 must be attached to the legal claim, unless the applicant is a beneficiary of legal aid.
Preparation of the file and summons
The parties shall be summoned at least 8 days before the hearing. The convocation is addressed by letter RAR: titleContent.
The lawyer is mandatory for all parties to the proceedings.
Pending the hearing, the court may make provisional measures concerning the exercise of parental authority.
The court may also order measures to learn more about the personality and living conditions of the minor and his parents. In particular, it may set up a judicial measure of educational investigation, medical examinations or psychiatric and psychological assessments.
Viewing the file
The folder can be viewed in court, until the hearing watch, by the applicant, the parents, guardian, person or service to whom the child has been entrusted or their lawyers.
The copy of the file may be communicated only counsel for the parties.
Conduct of the hearing
The procedure is oralThis means that the parties' requests and arguments must be presented orally at the hearing.
The case is being tried in council chamber.
At the hearing, the court hears the parents, guardian, person or representative of the service to which the child has been entrusted.
The court may also hear any person whose hearing appears useful to it.
FYI
The child may be heard by the court at his or her request. For this hearing, he has the right to be assisted by a lawyer.
Decision and notification of the decision to withdraw parental authority
The court makes a judgment.
This judgment shall be notified by letter RAR: titleContent, within a maximum period of 8 days.
The notification shall be made to the applicant, the parents, guardian, person or service to whom the child has been entrusted or to the delegated third party.
However, the court may decide that the notification is to be made by a commissioner of justice.
Appeal against the decision to withdraw parental authority
The persons to whom the judgment is served may appeal.
The call must be made in the 15 days which follow the notification the decision.
The lawyer is mandatory for the appeal procedure.
It's up to the lawyer to make the appeal at the registry of the court of appeal.
The court may decide on the total withdrawal or partial parental authority. It may concern the 2 parents or only one.
As a matter of principle, the withdrawal applies to all children already born at the time of judgment. However, the court may decide that the total or partial withdrawal of parental authority must have effect only in respect of some of the children already born.
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Total withdrawal of parental authority
The total withdrawal covers all the attributes of parental authority (safety, health, education, morality, etc.).
A parent who is deprived of parental authority shall not no more rights or responsibilities towards their child. He no longer has the right to make decisions concerning the child.
It also loses the benefit of legal administration and legal enjoyment on the property of the child.
Warning
Withdrawal does not remove the parent's obligation to contribute to the maintenance and upbringing of the child.
The parentage between the child and the parent is retained.
If the withdrawal of parental authority extends to the two parents and the child is taken in by the child welfare service, it shall become adoptable by plenary adoption.
If the withdrawal concerns only one parent, the child becomes adoptable by the Civil partnership, partner or common-law partner the parent who retained parental authority.
FYI
By pronouncing the total withdrawal of parental authority, the court may rule on the changing the child's name. The child's personal consent is required if he or she is over 13 years of age.
Partial withdrawal of parental authority
The partial withdrawal relates to certain attributes of parental authority.
The judgment must set out the attributes of parental authority removed (health, education, etc.).
The judgment may, for example, uphold legal administration the property of the child by the parent(s) or to maintain the rights and duties of custody, supervision and education.
FYI
Instead of withdrawing parental authority, the court may decide to withdraw the exercise of parental authority. The parent(s) loses the right to make decisions important to the child.
When parental authority is taken away from one parent, the other parent becomes the sole holder of parental authority.
If the other parent has died or has lost parental authority (or exercise), the child is provisionally entrusted to a third party (family member or not) who must organize the guardianship. The child may also be entrusted to the child welfare service (Ase). This is the case, for example, of a parent who died as a result of domestic violence.
In some cases, the court may also choose to entrust the child to a third party who must organize guardianship or to the Ase even though one of the two parents is not deprived of parental authority. This may, for example, be the case where the parent with parental authority is under the influence of the parent from whom parental authority (or exercise) has been withdrawn.
FYI
Children whose parents have been deprived of parental authority are no longer required tomaintenance obligation in respect of such persons.
In order to request the restoration of parental authority, the parent(s) must new circumstances.
The application may be submitted, at the earliest, 1 year after the judgment having pronounced the withdrawal.
If the child is placed for adoption, the parents cannot make such a request for restitution.
The application is in the form of a query written by the lawyer of the parent(s) or the parents themselves.
The lawyer is not mandatory to bring the matter before the court.
This request must be filed before the court of justice the place of residence of the person to whom the rights relating to the child have been entrusted.
Who shall I contact
Warning
One fiscal stamp from €50 must be attached to the legal claim, unless the applicant is a beneficiary of legal aid.
The refund may be total or partial. The public prosecutor may request educational assistance measures to protect the child (placement, etc.).
If the court rejects the application, the parents cannot reapply for restitution before the expiry of a new period of 1 year.
Who can help me?
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Directorate of Legal and Administrative Information (Dila) - Prime Minister