The parental authority
Who exercices it ?
Both parents jointly exercise parental authority, whether they are married or not, once they have recognised the child and filiation has been established in respect of each of them. The father and mother have the same rights and duties in this regard.
When one of the parents is unable to express their will due to absence, incapacity, distance, or any other cause, that parent may lose the exercise of parental authority or be temporarily deprived of it. In this case and in the event of the death of one parent, the other parent exercises parental authority alone.
In practice ?
Exercising parental authority requires making important decisions about the child's life by mutual agreement, which implies constant cooperation between the parents.
This includes, in particular, decisions relating to the child’s residence, schooling, and health. If the parents disagree on any of these decisions, the matter may be submitted to the judge (“Juge Tutélaire”) for a ruling. Each parent also contributes to the child’s maintenance and education in proportion to their resources, those of the other parent, and the child’s needs. This obligation does not automatically end when the child reaches the age of majority.
In the case of separation or divorce?
Parental authority continues to be exercised jointly, unless a court decides otherwise. The judge may entrust its exercise to one parent only, depending on the circumstances, but always when the child's best interests require it.
Key points
In all cases, the best interests of the child remain the guiding principle of all parental or judicial decisions of any kind.
The joint exercise of parental authority requires dialogue and responsibility to promote balanced co parenting, even when the family structure changes or evolves.
