Moving abroad with children: do I need the other parent's consent?

A job awaits you in Montreal, your family lives in Casablanca, or you simply want a fresh start. Moving abroad with children after a separation is possible, but not on your own. A family lawyer reviews your plan in 20 minutes on Avocat20min.fr.

This article explains what French law says, for the parent who wants to leave as well as for the parent who fears a departure. It separates holidays from relocation, then sets out the remedies when a parent leaves without consent.

The rule in one sentence

You can move wherever you like. You cannot decide alone that your children will live in another country.

As long as both parents hold parental authority, they take the important decisions about the child together. Where the child lives is one of them. Moving abroad with children therefore needs the other parent's consent, or failing that a decision of the family judge (juge aux affaires familiales).

Separation does not change this shared authority (article 373-2 of the Civil Code). Married, in a civil partnership (PACS) or unmarried, the rule is the same.

Holidays or relocation: two different situations

Situation	What you need
Holiday abroad with you	No travel consent form (AST) at the border
Child travelling without either parent	An AST signed by one parent, with a copy of their ID
Trip while a court travel ban (IST) is in place	A statement by the other parent at the police or gendarmerie, at least 5 days before
Settling abroad for good	The other parent's consent or the family judge's decision

According to service-public, a child travelling with one parent does not need an AST, even if the parents are separated. Holidays still follow the court order in force: they must not eat into the other parent's time.

Two weeks with the grandparents is a holiday, not moving abroad with children. Enrolling in a foreign school, ending your lease or buying a one-way ticket is.

Moving abroad with children: getting consent

The safest path is a precise written agreement. You save time, and the child keeps both parents.

1. Tell the other parent early. Article 373-2 of the Civil Code requires prior notice, in good time, when a move changes how parental authority is exercised.
2. Present a concrete plan: city, school, housing, how often the children come back to France, who pays the flights, video calls.
3. Put the agreement in writing, then have the family judge approve it. An approved agreement becomes enforceable in France and, often, abroad.
4. Review child maintenance. Distance changes costs. Our guide to calculating and revising child maintenance explains how to adjust it.

A family mediator can help you build this agreement, except where there is violence.

Without consent: going to the family judge

Your ex objects to moving abroad with children? In case of disagreement, either parent can apply to the family judge at the judicial court where the child lives. A lawyer is not compulsory outside divorce, but this kind of file gains a lot from careful preparation.

The judge rules in the child's interest. Under article 373-2-11 of the Civil Code, the judge considers in particular:

• the arrangements the parents followed until then;
• the child's own views, heard if the child asks and is mature enough;
• each parent's ability to respect the other's rights;
• any social inquiry or expert report;
• pressure or violence by one parent against the other.

The judge can allow the move and give the other parent long periods during the holidays. The judge can also refuse, and set the child's residence in France, with the other parent. Finally, the judge shares travel costs and adjusts maintenance.

Your case is stronger with a real plan: employment contract, housing, school, and a timetable that keeps the bond alive. Our article on the child's residence and the judge's criteria goes further.

Leaving without consent: the risks

Moving abroad with children without the other parent's consent or a court decision can amount to parental abduction. The consequences are serious.

• Civil side: the Hague Convention of 25 October 1980 lets the other parent seek the prompt return of a child under 16 removed in breach of their custody rights. Within the European Union, Regulation (EU) 2019/1111 strengthens this system.
• Criminal side: keeping the child outside France in breach of a court decision raises the penalty for non-return to three years in prison and a €45,000 fine (article 227-9 of the Criminal Code). Taking a child away from the parent they live with is also a separate offence (article 227-7).
• Before the family judge: a parent who leaves by force shows little respect for the other parent's rights. The child's residence may be transferred.

A parent with whom the child lives must also give their new address within a month of moving, or face six months in prison and a €7,500 fine (article 227-6 of the Criminal Code).

You fear the other parent will leave with the children

You fear the other parent is moving abroad with children against your will? The law offers two tools, one for emergencies, one lasting.

The emergency travel ban (OST). It answers an imminent risk. Apply at the préfecture or sous-préfecture, or at the police or gendarmerie when these are closed and departure is near. In Paris, go to the préfecture de police. It lasts 15 days at most and cannot be extended.

The court travel ban (IST). The family judge can order it (article 373-2-6 of the Civil Code). The child can then leave France only with both parents' consent. The public prosecutor enters it in the wanted persons file. Without a set duration, it lasts until a new decision or until the child comes of age.

With an IST, a holiday abroad is still possible: the parent who is not travelling makes a statement at the police or gendarmerie at least five days before departure.

If the child has already left France, or the other parent refuses to bring them back, read our article on an ex who won't return the children. The central authority at the Ministry of Justice handles return requests.

Special cases

You hold parental authority alone. The judge gave it to you exclusively, but you still cannot plan on moving abroad with children while ignoring the other parent. That parent keeps visiting rights and must be told of important choices, and the judge can be asked to rule.

You are a victim of violence. A protection order can allow you to keep your address secret, and the duty to inform the other parent does not apply then (article 373-2 of the Civil Code). 3919 offers free support to victims. For foreign nationals, our article on the residence permit after domestic violence may also help.

You are divorcing by mutual consent. The agreement can provide for the move and the arrangements that follow. A mutual consent divorce requires a lawyer for each spouse.

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

Free help

Before moving abroad with children, you can get help at no cost.

• Family mediation prepares an agreement on the new arrangements.
• Point-justice offices offer a free first 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.

How a lawyer helps

A lawyer builds the relocation file: life plan, timetable, costs, maintenance. They negotiate the agreement or argue before the family judge. For the worried parent, they seek an urgent court travel ban.

A lawyer cannot promise the outcome, since the judge decides in the child's interest. But they help you avoid a rushed departure that would backfire. Before moving abroad with children, speak to a family lawyer in 20 minutes.

The official service-public page on parental conflict and leaving France (in French) details the OST and IST.