Divorce and SeparationFamily Law

Family law: Parental authority: everything you need to know!

What is parental authority? This article written by Lawrence explains it to you!

Parental authority includes the rights and duties of parents towards their children. It is governed by article 301 of the Civil Code: “The father and mother determine the care to be given to the child, direct his or her education with a view to the child’s welfare and make the necessary decisions, subject to the child’s own capacity.”

Parental authority is joint to both parents. They have the duty to make decisions relating to the property of the child, are their legal representatives and administer their property. Parental authority is in force until the age of majority.

A parent may make routine or urgent decisions alone and if he or she is unable to reach the spouse after a certain effort. 

Parents must allow the child freedom, which varies according to his or her maturity and age. 

The child’s opinion must be considered in important matters. 

If the child’s place of residence changes, the move must be consented to by both parents.

Parental authority may be withdrawn if the child’s property is in danger. 

In the event of divorce, parental authority remains joint ex officio unless important reasons are presented. Custody and access rights are part of parental authority.

Do you have any questions or need legal assistance? Contact one of Lawrence’s specialist lawyers!


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