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Family and couples · Children · agreements

Parenting agreements, mediation and the CAF: alternatives to family court in France

Separated parents who agree do not need a court case. They can ask the family judge to approve their parenting agreement, normally without a hearing (article 373-2-7 of the Civil Code). Unmarried or PACS parents who separate can also ask the CAF to make their child support agreement enforceable. Family mediation helps parents reach an agreement, except where violence is involved.

  • Written agreement alone: not enforceable
  • Unmarried or PACS: the CAF for support
  • Violence: no mediation
Go to the toolSee the texts cited
  • Official texts cited
  • Sources checked on
  • Drafted with AI assistance, our method

By the AlphaDeep legal editorial team

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.

Julie by AlphaDeep

Illustrative conversation
Example question

Can a notary approve a parenting agreement?

Julie Illustration

No: only the family judge approves a parenting agreement. A notary can, however, set child support in an authentic deed, which makes it enforceable.

Read the references

You agree with the other parent and want to avoid a hearing: I can help you choose a route and structure the agreement.

French law

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Answer

How do you get a parenting agreement approved by the judge?

By a joint application to the family judge at the court where either parent lives, with the signed agreement. A lawyer is not compulsory and it is free. The judge rules without a hearing unless they consider it necessary to hear you.

The judge approves the agreement unless it does not sufficiently protect the child’s interest or the parents did not consent freely. The judge cannot change it; a refusal can be appealed. The decision records that a child capable of discernment was told of the right to be heard.

Code civil, article 373-2-7Code de procédure civile, article 1143Service-public: agreeing on custody and child supportCode de procédure civile, article 338-1

Answer

Can the CAF make your child support agreement enforceable?

Yes, for parents ending a cohabitation or a PACS. On a joint request, the CAF makes the agreement setting child support enforceable, if the amount meets a regulatory threshold and no decision has already set support for that child. Its decision has the effect of a judgment and cannot be appealed.

If it refuses, the parents can go to the family judge. Married parents go through the divorce procedure instead.

Code de la sécurité sociale, article L582-2Code civil, article 373-2-2

Diagram: from a written agreement to a court-approved one, free without a lawyer, and mediation.
Parenting agreements and mediation in France, without a hearing.
In order

Which routes avoid a court case, from the lightest to the most formal?

The amicable routes, from the lightest to the most formal, with what each makes enforceable.

  1. A written agreement between parents

    It records what you agreed, but it is not enforceable: if one parent stops following it, the other cannot have it enforced.

    Service-public: agreeing on custody and child support

  2. A support agreement made enforceable by the CAF

    For separated unmarried or PACS parents only, for child support alone, above a regulatory threshold.

    Code de la sécurité sociale, article L582-2

  3. A mediated agreement, approved by the court

    The judge approves it if its purpose is lawful and consistent with public policy, without being able to change it.

    Code de procédure civile, articles 1543 à 1545

  4. An approved parenting agreement

    Parental authority, residence, contact and support all become enforceable. Free without a lawyer.

    Code civil, article 373-2-7Code de procédure civile, article 1143

  5. A mutual-consent divorce agreement

    For married couples: each spouse has a lawyer, and filing with a notary, 41.20 euros before VAT, gives it a certain date and enforceability. Closed if a child asks to be heard.

    Code civil, article 229-1Code de commerce, article A444-173-1Code civil, article 229-2

Tool

Which route fits your situation?

A few questions about your relationship and your agreement: the tool shows the route open to you, what it makes enforceable and what rules it out.

julie://tool/baremeNothing leaves your browser
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Do you agree?
Is violence alleged?

Fictional example · route open to you

Have your parenting agreement approved by the family judge: it is free without a lawyer, and the agreement becomes enforceable.

  1. A joint application to the court where either parent lives, with no hearing unless the judge wants to hear you
  2. The judge approves or refuses without changing anything, and checks that a child capable of discernment was told of the right to be heard

A guide to the amicable routes: the judge always checks the child’s interest.

Answer

Is family mediation compulsory before going to court?

Not as a rule. The experiment that required it in some courts, before asking to change a decision, was due by its own text to end on 31 December 2024.

The judge can still propose mediation, or order you to meet a mediator for an information session, unless violence is alleged or one parent manifestly controls the other. Failing to attend without a legitimate reason can bring a civil fine of up to 10,000 euros. Court-ordered mediation lasts at most five months, renewable once for three months.

Loi n° 2016-1547 du 18 novembre 2016, article 7Code civil, article 373-2-10Code de procédure civile, article 1533Code de procédure civile, article 1533-3Code de procédure civile, article 1534-4

Answer

What is a written agreement worth if no judge approved it?

It records your agreement and can show what you agreed, but it is not enforceable: if one parent stops paying support or following the schedule, the other cannot have it enforced. Support must be set by one of the instruments listed in the Civil Code, such as a judgment or an approved agreement.

That is why service-public advises getting it approved. An unapproved agreement is still useful to prepare the joint application or a mediation.

Service-public: agreeing on custody and child supportCode civil, article 373-2-2

Key figures

What do these routes cost in 2026?

Court approval of a parenting agreement without a lawyer
€0
service-public, 2025 · Service-public F38331
Filing a divorce agreement with a notary
€41.20 excl. VAT
regulated fee · C. com., art. A444-173-1
Court-ordered mediation, maximum initial length
5 months
renewable once for 3 months · CPC, art. 1534-4
Fine for ignoring an order to meet a mediator
€10,000
maximum, without a legitimate reason · CPC, art. 1533-3
The law

What does article 373-2-7 of the Civil Code say?

Les parents peuvent saisir le juge aux affaires familiales afin de faire homologuer la convention par laquelle ils organisent les modalités d’exercice de l’autorité parentale et fixent la contribution à l’entretien et à l’éducation de l’enfant. Le juge homologue la convention sauf s’il constate qu’elle ne préserve pas suffisamment l’intérêt de l’enfant ou que le consentement des parents n’a pas été donné librement.

Code civil, article 373-2-7In force since 5 March 2002Read on Légifrance

In plain English: Parents can ask the family judge to approve the agreement in which they organise parental authority and set child support. The judge approves it unless it does not sufficiently protect the child’s interest or the parents did not consent freely.

The judge cannot change the agreement submitted: if it is refused, you must submit a new one, or ask the judge to decide.

Frequent questions

What else do separating parents ask?

Can a notary approve a parenting agreement?

No: only the family judge approves a parenting agreement. A notary can, however, set child support in an authentic deed, which makes it enforceable.

Code civil, article 373-2-7Code civil, article 373-2-2

How much does family mediation cost in France?

Only the information meeting is free. The mediator sets their own fees, split equally unless you agree otherwise; at a CAF-approved association they follow an income-based scale. People on legal aid pay no advance in court-ordered mediation.

Service-public: family mediation

Can an approved agreement be changed later?

Yes, at any time, at a parent’s request: the judge can change or add to an approved agreement. You can also sign a new agreement and have it approved.

Code civil, article 373-2-13Service-public: agreeing on custody and child support

Is mediation possible after domestic violence?

The judge can neither propose nor order mediation when one parent alleges violence against the other or the child, or where one parent manifestly controls the other. Service-public states that family mediation is not possible after violence.

Code civil, article 373-2-10Service-public: family mediation

Sources

Which texts are these routes based on?

  1. Code civil, article 373-2-7Légifrance
  2. Code de procédure civile, article 1143Légifrance
  3. Code civil, article 373-2-10Légifrance
  4. Code civil, article 373-2-2Légifrance
  5. Code de la sécurité sociale, article L582-2Légifrance
  6. Code civil, article 229-1Légifrance
  7. Code civil, article 229-2Légifrance
  8. Loi n° 2016-1547 du 18 novembre 2016, article 7Légifrance
  9. Code de procédure civile, article 1533Légifrance
  10. Code de procédure civile, article 1533-3Légifrance
  11. Code de procédure civile, article 1534-4Légifrance
  12. Code de procédure civile, articles 1543 à 1545Légifrance
  13. Code civil, article 373-2-13Légifrance
  14. Code de commerce, article A444-173-1Légifrance
  15. Code de procédure civile, article 338-1Légifrance
  16. Service-public: agreeing on custody and child supportService-public.fr
  17. Service-public: family mediationService-public.fr

Texts cited last checked: 17 October 2026

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