Leaving France with your children

If you leave the country with your children without the other parent’s consent, this could be deemed an international parental child abduction. Your ex-partner will have legal means at their disposal to return the children to France. 

It is recommended to seek advice from a lawyer or an organisation offering free services known as an “association” specialised in family law.

If the child custody arrangements or “modalités d’exercice de l’autorité parentale” have already been put in place, they will need to be adapted if you want to move overseas. You are also required to notify the other parent of your plans to relocate at least three months before the scheduled departure date.

You must first ask the other parent whether they agree that you may settle abroad with the children and agree on the new “modalités”, in particular: 

• where the children live
• the other parent’s right to visits and overnight stays
• the maintenance allowance, taking into account changes in the situation of each parent
• any transportation costs.

This review of the “modalités” can be done through your lawyers, especially if they had been set by the judge.

If you reach an agreement with the other parent

If the current “modalités” have been set by the judge, you will need to send a joint request known as a “requête conjointe” to the family court judge or “Juge aux affaires familiales” so that they can approve the new “modalités”. 

If the current “modalités” have been decided by mutual agreement between the parents without going through the judge, it is nevertheless highly recommended to send a joint request known as a “requête conjointe” to the “Juge aux affaires familiales” so that they can validate the new “modalités”. 

The “requête conjointe” is a letter that must be signed by you and the other parent. 

• You can write it based on this form. It must include: surnames, first names, professions, residences, nationalities, dates and places of birth of both parents, the court where the application is being made, and details of the new “modalités d’exercice de l’autorité parentale” decided by mutual agreement. 
• It must be delivered in person to the family court's administrative office known as the clerk or “greffe” of the “Juge aux affaires familiales”. To find their contact details, you can use this directory by specifying the postcode of the children’s place of residence and selecting the “tribunal judiciaire”. 

If you cannot reach agreement with the other parent

You will have to make a request to the “Juge aux affaires familiales” via your lawyer.

Unfortunately, when parents do not find an agreement, it is rare for the judge to grant this type of request. The judge will take many elements into account when making their decision. It is essential that you can demonstrate that:

• you will have a stable situation once you have moved: employment and permanent accommodation independent, meaning not your family’s residence
• your children will have an equal or better quality of life than in France
• your children will be able to maintain a relationship with the other parent and see them regularly
• you have the means to pay for your move.

If the other parent no longer has parental authority and you have what is known as exclusive parental authority or “autorité parentale exclusive”, you will still need to take the following two steps.

Informing the other parent

• It is essential to notify the other parent of your move at least three months before the scheduled departure date.
• You can inform them by sending an e-mail, but it is advisable to also send a letter by registered post, known as a “lettre recommandée avec accusé de réception”. Keep the receipt as proof of postage.

Requesting authorisation from the judge

• Before moving abroad with your children, you must also send a request to the family court judge known as the “Juge aux affaires familiales” via your lawyer. 
• If you have “autorité parentale exclusive”, it is likely that the judge will grant your request.
• The judge will take certain elements into account such as:
  • your situation when you arrive overseas: employment, housing
  • the quality of life your children will have
  • whether your children will be able to maintain a relationship with the other parent and see them regularly
  • whether you have the means to pay for your move abroad.