Family and couples · Parental authority · delegation
Delegating parental authority in France: the application
A French court can organise total or partial delegation of parental authority when circumstances require it. Identify the parent holders, current exercise, proposed delegate and necessary acts. Private school or medical permission does not achieve delegation. Prepare decisions and supporting evidence to distinguish an initial application, shared exercise and amendment of an existing judgment.
- Position
- Request
- Evidence
- Official texts cited
- Sources checked on
- Drafted with AI assistance, our method
General legal information with official references and dated checks. It is not personalised advice: for a decision that commits you, have your situation checked by a qualified professional.
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Does delegation establish parentage?
Considering delegation? Let’s identify current exercise, proposed delegate and necessary acts.
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When can delegation be requested?
Circumstances must require total or partial delegation of exercise within article 377. Describe the child’s needs and actual situation rather than assuming automatic entitlement from unavailability.
Related step: Family and couples
How can actors and requested acts be mapped?
Fictional example: a relative would assist with school; the worksheet prepares requested acts without delegating authority.
Fictional example · Your preparation worksheet
The worksheet separates holders, current exercise and requested acts. Only a judgment can organise delegation; private permission does not replace it.
| Item to check | Value or document |
|---|---|
| Proposed delegate | A trusted relative, identity to supply in dossier |
| Requested acts | School procedures and daily care during unavailability |
Attach parentage, earlier decisions and evidence of circumstances requiring the request.
Describe delegate, acts, proposed duration and delegation versus shared exercise.
For a change, attach the judgment and new circumstances; prepare the competent application.
No selected circumstance guarantees judicial approval. Delegation is neither adoption nor exclusive authority between parents.
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Who currently exercises authority and who would be delegate?
Compare parentage records and existing decisions to identify holders and exercise. Specify the proposed person or service and relevant acts. Being a relative alone does not transfer authority.
Related step: Sole parental authority in France: grounds and application
Are delegation and shared exercise identical?
No. The judgment may provide shared exercise for the child’s needs under article 377-1, with required agreement from exercising parents. Describe the request without confusing transfer and sharing.
Related step: Grandparents’ rights in France: article 371-4 of the Civil Code, family mediation and going to the family judge
Which documents belong together?
| Point | Check |
|---|---|
| Position | Holders and exercise |
| Request | Person and acts |
| Evidence | Circumstances and decisions |
What does the governing text say about delegation?
La délégation, totale ou partielle, de l'autorité parentale résultera du jugement rendu par le juge aux affaires familiales.
In plain English: Circumstances must require total or partial delegation of exercise within article 377. Describe the child’s needs and actual situation rather than assuming automatic entitlement from unavailability.
Is a letter to institutions sufficient?
No. Practical private permission may serve a limited purpose but is not a delegation judgment. Gather concrete needs, evidence and decisions for the family-court procedure.
Related step: Recognising your child at a French town hall: before or after the birth, and what the date changes
How is an existing delegation changed?
Ending or transferring delegation requires a new judgment and new circumstances within the statutory framework. Attach the earlier decision, changes and requested acts; private correspondence does not cancel it.
What else should you know about delegation?
Does delegation establish parentage?
No. Its purpose differs from adoption and parentage.
Can delegation be partial?
Yes. Requested acts and scope must be specified.
Does a relative automatically become delegate?
No. A judgment and statutory conditions are required.
Should the earlier judgment be kept?
Yes. It distinguishes the current position from the requested change.
Which sources explain delegation?
- Code civil, article 377DILA / Légifrance
- Code civil, article 377-1DILA / Légifrance
- Code civil, article 377-2DILA / Légifrance
- Délégation de l’autorité parentaleService Public / DILA
Texts cited last checked: 20 October 2026