How to determine amicably the custody and maintenance of a child?
Verified 26 November 2025 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)
If you separate or have already separated from the other parent and agree on the organization of your child's life, you can formalize your agreement by writing a parental agreement.
In this document, you set amicably the measures concerning the common child.
The parental agreement can be used whether you are concubines, civil partnership partners or even married. However, if you are married and in the process of separation, signing a parental agreement does not exempt you from divorce proceedings. In the context of divorce, the rules concerning your child will have to be defined again (even in case of divorce by mutual consent).
The agreement allows you to agree in writing on the following points:
- Exercise of parental authority
- Residence of the child (in a parent or alternate)
- Visitation and accommodation rights of the non-custodial parent
- Maintenance.
Please note
To help you find an amicable solution, you can use the family mediation.
You can use the following parental agreement form when you agree that the child's residence is fixed with one of the parents :
Model parental agreement - Residence and access and accommodation
When you decide that residence is alternating, you can use another form:
Model parental agreement - Alternate residence
These two models include measures on parental authority, residence and maintenance.
Once the parental agreement is completed and signed by each parent, you can submit to the family court judge for approval.
Approval is recommended to give enforceability to your parental agreement.
You can use a form to ask the approval.
The form and the documents to be attached must be filed or sent to the court of the residence of either parent.
Who shall I contact
The lawyer is not mandatory to draft and apply for the approval of a parental agreement. However, you can be assisted by a lawyer for advice on drafting the parental agreement.
FYI
The model parental agreements are a drafting aid. You retain the possibility of writing your agreement on free paper.
The approval procedure takes place without hearing, unless the Jaf: titleContent considers it necessary to hear from parents.
The Jaf may approve or refuse to approve the agreement submitted to it. On the other hand, it cannot change anything in the convention.
The approach is free of charge unless you get a lawyer.
FYI
The measures concerning the child are not definitive, as your situation or that of the child may change (for example in the event of a parent moving). You can decide to change the measures in a new convention or by entering the Jaf.
Who can help me?
Find who can answer your questions in your region
To find out
Administrative information by phone - Allô Service Public
For more information on this subject, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and therefore cannot provide information on their progress.
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The informants who answer you belong to the Department of Justice.
To reach an agreement
Family Ombudsman
Approval of the parental agreement by the JAF
Territorial jurisdiction of the family judge
Procedure for the approval of a parental agreement
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