Child not handed over: what can you do under French law?

Friday, 6 p.m. You are waiting for your child outside school, or at the meeting point set by the court order. No one shows up. You call, you text: no answer, or just “he’s not coming this weekend.” This is a painful moment. It still calls for calm, first and foremost for your child’s sake. Here is what French law says, what is best avoided, and which steps to discuss with your lawyer.

What are we talking about?

Two situations look alike but have very different consequences. It helps to tell them apart.

Refusing to hand over a child (non-présentation d’enfant)

In French law, non-présentation d’enfant covers the parent the child is staying with who refuses to hand the child over to the other parent, even though that parent is entitled to have the child. This entitlement usually comes from a decision of the juge aux affaires familiales (JAF), the family court judge, or from an agreement setting out the child’s residence and visiting and overnight rights.

Article 227-5 of the French Criminal Code (Code pénal) provides that unduly refusing to hand over a minor child to the person entitled to claim the child is punishable by one year of imprisonment and a €15,000 fine. Article 227-9 provides heavier penalties in certain cases, for example when the child is kept abroad or when the place where the child is being kept is not disclosed.

The law speaks of an “undue” refusal. It is for the courts, not the parents, to weigh the circumstances of each case.

Visiting rights not exercised (droit de visite non exercé)

This is the reverse situation: the child is ready, but the other parent doesn’t come, shows up very late, or cancels regularly. This is not a criminal offense under French law. These lapses can, however, be brought to the attention of the JAF, who may take them into account, for example when adjusting the custody arrangements.

In both cases, what matters are precise, dated facts.

Your child’s interest comes first

When a handover is refused, anger is understandable. Some reactions, though, can make things worse, for you and for your child.

• Don’t take matters into your own hands. Do not try to retrieve your child by force, at the other parent’s home, at school, or anywhere else.
• Keep your child out of the conflict. Don’t question them about what happened, and don’t ask them to pass on messages.
• Never ask your child to testify. It is not their role to choose between their parents or to report what they saw.
• Keep your messages to the other parent factual. Others may read them later.

Record the facts as they happen

Memories fade quickly, especially when incidents repeat. Your lawyer will need precise information. Write it down the same day if you can:

• the date and time set for the handover in the court decision or agreement;
• where you were, and what time you left;
• the texts, calls, and emails exchanged before and after, without deleting any;
• anyone who was present;
• any reason the other parent gave, in their own words.

Also keep a copy of the decision or agreement that sets the schedule. It lets you compare what was planned with what actually happened.

In the Prismo app, custody tracking shows planned and actual custody side by side, including late arrivals and missed weekends.

Possible steps

These steps are not mutually exclusive. Which ones to take, and in what order, depends on your situation: talk it through with your lawyer.

Filing a complaint (plainte)

You can file a criminal complaint at a police station or gendarmerie, or write directly to the procureur de la République (the public prosecutor). Bring the decision or agreement and your dated notes. A complaint may lead to an investigation and, depending on the case, to prosecution. This is not automatic.

The main courante

A main courante is a police record of facts that does not start any proceedings. It can help establish the date of an incident. It does not have the effects of a complaint, and it is worth understanding the difference before choosing.

Going to the family court judge

You can ask the JAF to enforce their decision, or to adjust it if the current arrangements no longer work. Article 373-2-6 of the French Civil Code (Code civil) notably allows the judge to order an astreinte, a sum payable for each failure to comply, to ensure their decisions are carried out. Your lawyer can tell you whether this route fits your situation.

Family mediation

When communication is still possible, family mediation can help you understand what is blocking things and find a more stable arrangement. It is not suited to every situation, especially where there is violence.

Preparing to talk with your lawyer

A clear file saves everyone time. Before your appointment:

1. Gather the decision or agreement currently in force.
2. List the incidents from oldest to most recent, with date, time, and place.
3. Attach the related messages to each incident, in full.
4. Write down your questions: complaint, going to the JAF, mediation.

The Prismo incident log lets you record an incident in moments, with the date, place, people present, and related documents. It doesn’t replace your lawyer’s advice: it helps them work from facts.

A separation is not something you win. The goal is for your child to keep a stable bond with both parents, in a safe setting.

Key takeaways

• Under French law, refusing to hand over a child is a criminal offense (Article 227-5 of the Criminal Code). Not exercising visiting rights is not, but it can be raised with the JAF.
• Never retrieve your child by force, and keep them out of the conflict.
• Record the facts the same day: date, time, place, messages, people present.
• Complaint, main courante, going to the JAF, mediation: decide with your lawyer.
• If there is danger, call 17, 112, or 119.