A parent who no longer answers the phone, messages left unanswered, school or medical information shared with only one household. When communication between separated parents breaks down, the child often finds themselves at the center of a silence that undermines their stability. Protecting their rights in this context requires understanding the available legal mechanisms, as well as the warning signs that should not be ignored.
Article 373-2 of the Civil Code, an underutilized legal lever
Many separated parents vaguely know about the obligation to maintain the link with the other household. Few are aware that Article 373-2 of the Civil Code establishes a genuine right for the child, not just a duty for the parents.
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This text requires each parent to respect the child’s ties with the other parent. It also mandates informing the other parent about decisions affecting the child’s life: changing schools, medical interventions, moving. When one parent blocks communication, they are directly violating this legal obligation.
Have you ever noticed that a parent can “forget” to pass on a school report or a medical summary? This type of information withholding constitutes a failure in the joint exercise of parental authority. The family court judge can then be called upon to restore a framework. These obligations are also detailed in the law on telephone communication between separated parents, which reminds of the child’s rights to maintain regular contact with both parents.
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Parental conflict and the child’s best interest: what the family court judge can decide
The family court judge (JAF) intervenes when dialogue between parents is broken and the child’s best interest is threatened by the conflict. Their role is not limited to setting a custody schedule. They can impose specific measures to enforce a minimal exchange.
Concrete measures, not just symbolic
The JAF can order the use of a family mediator, even if one parent opposes it. They can also modify residence or visitation rights to sanction a parent who obstructs.
- Establishment of a communication notebook between the two households, where medical, school, and logistical information regarding the child is recorded.
- Obligation to use a co-parenting application (like OurFamilyWizard or Coparenter) to keep a written record of each exchange.
- Appointment of a trusted third party (family member, social worker) to act as a liaison when direct contact is impossible.
These tools do not resolve the underlying conflict. They create a protected communication channel, focused on the child’s needs. The JAF then checks whether the measures are being respected.
Non-presentation of a child: a criminal offense
When one parent prevents the other from exercising their visitation rights, it is referred to as non-presentation of a child. This is a criminal offense punishable by law. It is not just a family disagreement: the refusal to hand over the child constitutes a criminal offense.
Before resorting to filing a complaint, the affected parent can urgently approach the JAF or have the facts recorded by a justice commissioner (former bailiff). Keeping evidence (unanswered messages, police reports, witness statements) is crucial.
Educational assistance and parenting support: protecting the child without removing them
When parental conflict becomes so intense that the child visibly suffers (withdrawal, declining school performance, anxiety), other measures exist outside of family court.
The children’s judge can order an educational assistance measure. According to a Senate report published in 2025, home interventions and parenting support are now preferred over placement. The goal is to support parents in their role, not to punish them.
A social worker or educator then intervenes at home to help each parent restore a stable framework. They can also facilitate communication between the two households by acting as a daily mediator.
The dangerous positions the child may occupy
Why this vigilance? Because a child caught in parental conflict often adopts a role that should not be theirs.
- The messenger child, tasked with conveying information (sometimes hostile) from one parent to the other.
- The divided child, who feels that loving one parent means betraying the other, caught in a permanent loyalty conflict.
- The comforting child, who takes on the emotions of a fragile parent at the expense of their own development.
Identifying these behaviors allows for action before the situation becomes entrenched. Psychological support for the child, established by the JAF or the children’s judge, can help them regain their place as a child.
Joint parental authority after separation: the rights that persist
Separation or divorce does not change parental authority. Unless otherwise decided by the judge, both parents retain exactly the same rights and duties towards the child.
Each parent has the right to access the school record, consult the child’s doctor, and participate in decisions regarding their education. No parent can exclude the other from important decisions without the judge’s consent.
The European Court of Human Rights also protects the right to family life based on Article 8 of the European Convention. This protection extends to maintaining ties with both parents, and in some cases, with grandparents.
When silence settles between two households, the temptation is to “make do” hoping the situation will resolve itself. The child, however, cannot wait. Approaching the family court judge, resorting to mediation, or requesting an educational assistance measure are not hostile actions. They are tools designed to place the child back at the center, where parental conflict has displaced them.