My ex won't return the children after the weekend: what now?

Sunday, 6 pm. The children were due back, and nobody rings the bell. Your ex no longer answers, or says they are keeping them. Breathe: French law protects you, and there are clear steps to take. A family lawyer reviews your situation in 20 minutes on Avocat20min.fr.

This article explains what to do when your ex won't return the children, tonight and in the days that follow. It applies whether you were married, in a civil partnership (PACS) or neither.

First steps, tonight

Your ex won't return the children this evening? Stay calm in front of them. Do not try to take them back by force: a scuffle on the doorstep would count against you before the judge.

• Write to the other parent. A short text or email, with no blame: "The children were due home at 6 pm under the court order. When are you bringing them back?" You create dated evidence.
• Call 17 or 112 if you fear for the children's safety or if a departure abroad is being prepared.
• Ask for an emergency travel ban (opposition à la sortie du territoire) at the préfecture if there is an imminent risk of abduction. At night or at the weekend, go to the police or gendarmerie. The measure lasts 15 days at most.
• Call 116 000, the free European hotline for families of missing children, if you no longer know where your children are.
• Keep the court order at hand: the family judge's decision, the divorce agreement or the approved parenting agreement.

A one-off delay of an hour does not call for an immediate complaint. A clear refusal or a long silence, on the other hand, does.

My ex won't return the children: is it a crime?

Yes, in most cases. Wrongfully refusing to hand over a minor child to the person entitled to claim them is the offence of "non-représentation d'enfant" (article 227-5 of the French Criminal Code).

According to the official service-public page, checked on 15 September 2026, three elements must be present:

1. An enforceable decision: a family judge's ruling, a mutual consent divorce agreement or an approved parenting agreement.
2. A refusal to hand over the child, including when the other parent ignores the agreed date, time or place.
3. An intention not to comply, whatever reason is given.

The offence is committed again with each refusal. Every missed weekend can therefore be reported.

Situation	Text	Maximum penalty
Refusal to hand over the child	Art. 227-5 Criminal Code	1 year in prison, €15,000 fine
Child kept more than five days without you knowing where	Art. 227-9, 1°	3 years, €45,000
Child kept outside French territory	Art. 227-9, 2°	3 years, €45,000
Parent stripped of parental authority or its exercise	Art. 227-10	3 years, €45,000
Moving without telling the other parent within a month	Art. 227-6	6 months, €7,500

These are maximum penalties. The criminal court adjusts the sentence, and the priority often remains restoring contact with the child.

Evidence to gather

When your ex won't return the children, every detail matters. A strong complaint rests on dated facts:

• The court decision setting residence and visiting and staying rights.
• Messages exchanged: texts, emails, voice messages, dated screenshots.
• A report by a commissaire de justice (court officer) at the agreed handover time, if refusals repeat.
• Statements from a relative present at the handover, on the official witness form.
• A log: date, time, place, what was said, what the children told you.

Stay factual. Your messages may end up before the judge, and a calm tone works in your favour.

Filing a criminal complaint

If your ex won't return the children despite your messages, go to the police station or gendarmerie with the decision and your evidence. Officers must take your complaint (article 15-3 of the Code of Criminal Procedure). If it goes badly, you can come back, or write directly to the public prosecutor (procureur de la République) at the judicial court.

The prosecutor then decides: a warning, criminal mediation, prosecution before the criminal court, or dropping the case. Many such complaints are settled without a trial. With a lawyer, you can also summon the other parent directly before the court.

The limitation period for this kind of offence is six years from the facts. Still, do not wait: a recent file is more convincing.

One point matters a lot: keep paying child maintenance if you owe it. Stopping payments to put pressure on your ex could expose you to the offence of family abandonment.

Going to the family judge

A complaint punishes the past. If your ex won't return the children repeatedly, the family judge (juge aux affaires familiales) can change the arrangements for the future. You can apply at the same time, with or without a lawyer, to the judicial court where the child lives.

Under article 373-2-6 of the Civil Code, the judge can in particular:

• order a penalty payment, a sum due for each day the decision is not followed;
• impose a civil fine of up to €10,000 on a parent who seriously or repeatedly obstructs the decision;
• ban the child from leaving France without both parents' consent;
• review the child's residence or the visiting arrangements.

When setting residence, the judge looks at each parent's ability to respect the other's rights (article 373-2-11 of the Civil Code). A parent who keeps the child therefore takes a real risk. Our guide to shared residence and the judge's criteria explains them.

The judge can also arrange handovers at a contact centre or with a trusted third party. Exceptionally, the public prosecutor can call on the police to enforce the decision (article 373-2 of the Civil Code).

When your ex claims danger or that the child refuses

Often, an ex won't return the children while claiming to protect them. The law only accepts such a refusal in the face of real and immediate danger to the child's safety, health or morals. A conflict between adults or mere worry is not enough.

The child's own refusal does not justify keeping them either. The family judge can hear a child capable of discernment and adapt the visiting rights.

If you are the worried parent, the right course is to apply urgently to the judge, not to keep the child. In cases of violence, the judge can issue a protection order, and 3919 offers free, confidential support to victims.

If the children were taken abroad

Your ex won't return the children and they are outside France? This makes the offence more serious. Act quickly, on two fronts.

On the criminal side, file a complaint and report the risk of a further move. On the civil side, contact the French central authority: the department for mutual assistance and private international and European law of the Ministry of Justice. It handles return requests under the Hague Convention of 25 October 1980 and, within the European Union, Regulation (EU) 2019/1111.

The Hague Convention covers children under 16. A request filed within a year of the removal leads, in principle, to the child's prompt return. The ministry takes files at entraide-civile-internationale@justice.gouv.fr.

If the country has no agreement with France, the central authority cannot act. International family mediation and the Ministry of Foreign Affairs then remain the main options.

Is your ex planning a permanent move rather than holding on to the children? Our article on moving abroad with the children explains the rule of consent from both parents.

What if there is no court order?

Your ex won't return the children, but no judge has ruled? Without a decision or agreement, the offence does not apply. Both parents then share parental authority equally, and either may keep the child.

Apply quickly to the family judge to set residence and visiting rights. The first ruling changes everything: it becomes the rule the other parent must follow. Taking a child away from the parent they usually live with may, however, be a separate offence (article 227-7 of the Criminal Code).

Free help

• Family mediation helps restore dialogue, except where there is violence.
• Point-justice offices offer a free first legal consultation. Call 30 39 to find the nearest one.
• Legal aid (aide juridictionnelle) covers lawyer's fees. In 2026, it is full for a single person whose reference tax income does not exceed €12,957, then partial up to €19,433.

Other separation situations are covered in our article on an ex who wants you back.

How a lawyer helps

A lawyer checks that the decision applies, drafts the complaint or the direct summons, and applies urgently to the family judge. If the child is abroad, they build the return file with the central authority.

A lawyer cannot promise an outcome, but avoids the missteps that weaken your position. A family lawyer answers within 20 minutes, even when your ex won't return the children for several days.

The official service-public page on non-return of a child (in French) sums up the steps.