Parental Authority in Yvelines & Versailles

Parental authority (autorité parentale) comprises all statutory rights and duties vested in parents to care for their child: protection, education, healthcare, safety, and moral and material well-being.

It is exercised in the exclusive best interests of the child, and this legal principle remains strictly intact following parental separation or divorce. Our law firm represents clients before the Family Court Judge (JAF) at the Judicial Court of Versailles for families residing in Versailles and throughout the Yvelines department.

Joint Parental Authority: The Fundamental Rule

In the event of a separation or divorce, parental authority remains joint: both parents continue to exercise their parental responsibilities together, unless a judge rules otherwise under exceptional circumstances.

This means that all significant decisions must continue to be made jointly by both parents, even if the child resides primarily with one parent.

Exercise of Parental Authority: Routine Acts vs. Non-Routine Acts

French family law distinguishes between two categories of decisions:

• Routine acts (actes usuels) regarding the child's daily life. A single parent can make these decisions alone in the context of daily care.
  Examples: school cafeteria enrollment, routine medical appointments, registering for recreational activities, renewing standard identity documents, etc.

• Non-routine acts (actes non usuels), which are major, uncommon decisions with long-term impacts. These strictly require the express consent of both parents.
  Examples: changing schools, choosing private/religious schooling, surgical operations, baptism/religious initiation, high-risk sporting activities, publishing the child's identifiable likeness online…

In case of persistent disagreement between parents, only the Family Court Judge can decide, upon a petition filed by either parent.

International Travel & Cross-Border Movement

A parent may travel abroad alone with their child, but is legally obligated to notify the other parent beforehand.

However, specific circumstances require express mutual consent:

• If a formal Judicial Exit Ban (Interdiction de Sortie du Territoire - IST) has been ordered by the court, requiring explicit authorization from both parents,
• Or if the destination country's entry regulations specifically mandate written consent from both legal guardians.

In cases where parental child abduction is feared, emergency legal remedies are available (IST orders, border alerts, emergency petitions before the Family Court Judge…).

Schooling and Education Decisions

Routine educational decisions, such as standard re-enrollment in the local state school or participation in regular school trips, can be handled by one parent.

Conversely, non-routine educational choices, such as transferring to a different school or enrolling in a private, uncontracted institution, require express mutual agreement from both parents.

Children's Image Rights and Social Media

Although children are frequently shown online, French case law establishes that posting a minor's photograph on public social networks is a non-routine act (acte non usuel).

The agreement of both parents is therefore mandatory, even if one parent holds sole physical custody.
In the event of disagreement, a parent can petition the Family Court Judge.

What About the Stepparent?

A stepparent holds no statutory parental authority, even when living with the child and actively contributing to their upbringing.

However, two important legal instruments exist:

• A parental authority delegation mandate (written and signed by both legal parents) can authorize the stepparent to perform specified routine tasks (e.g., taking the child to medical consultations).
• Upon separation, a stepparent can be awarded visitation rights if a proven, stable emotional bond with the child is established.

The Role of Our Law Firm

Our law firm assists and represents you in all matters regarding parental authority, including:

• resolving disputes between parents (schooling, medical care, holidays, educational choices),
• securing enforceable court orders in cases of deadlock,
• defending your rights as a parent or stepparent.

Every family situation is unique. Our constant objective is to protect the best interests of your child within a clear, respectful, and legally secure framework.

By Claire Quétand-Finet Family & Divorce Lawyer - Versailles Bar Association

PhD in Private Law · +10 years of experience in family & divorce law · University Lecturer for continuous legal expertise

See also:
Family Court Petition (JAF) - Uncontested Divorce - Emergency Family Court Hearing