Contents
Custody: the child’s residence with the parents
First of all, the child has the obligation to live with his parents. The latter have a right and a so-called “custody” duty. They fix their child’s residence at home. In the event of divorce, the exercise of parental authority continues to be ensured by the parent (s) according to the decision of the family court judge. As for the residence of the child, it is a court decision at the request of the parents. Either the mother obtains sole custody, the child lives at home and sees the father every other weekend. Either the judge recommends alternating residence, and the child lives every other week with each parent. Other ways of organizing life are possible: 2 to 3 days for one, the rest of the week for another (most often for younger children).
The law also provides that “the child may not, without permission from his father and mother, leave the family home and he can only be removed in cases of necessity determined by law” (article 371-3 of the Civil Code).
If custody is a right, it is also a duty. Parents are responsible for housing and protecting their child. Parents in default risk having parental authority withdrawn. In very serious cases, a criminal court can condemn parents for “the offense of neglect of a child”, an offense punishable by five years’ imprisonment and a fine of 75 euros.
Parents’ rights: schooling and educating
Parents must educate their child, provide him with moral, civic, religious and sexual education. French law lays down a principle in terms of school education: school is compulsory from 6 to 16 years old. Parents must register their child for school at the age of 6 at the latest. However, they keep the possibility of educating him at home. However, not respecting this rule exposes them to sanctions, in particular educational measures pronounced by the juvenile judge. The latter intervenes when the child is in danger or when the conditions of his education or his development are seriously compromised. It can order a placement of the child, for example, or the assistance of the parents by a specialized service bringing help and advice to overcome difficulties.
Parents’ duty of supervision
Protect the health, safety and morals of a child implies a so-called supervisory duty. Parents are required to watch over their child by controlling their whereabouts, all of their relationships (family, friends and acquaintances), their correspondence and all of their communications (emails, telephone). Parents can prohibit their minor child from having relations with certain people if they feel that they are against his or her best interests.
Parents’ rights must evolve with the different stages of life. The child can claim a certain autonomy, as he grows up, as in adolescence, it can be involved in decisions that affect it if it is sufficiently mature.