Home > Family > France > 2011-02-09 - Court of appeal of Agen, n. 08/00813

2011-02-09 - Court of appeal of Agen, n. 08/00813

Family · France · Kafala · Parental authority

Granting of the parental authority after a kafala in the child’s interest

Key facts of the case - Abdelhake B. is the half-brother of Houria C. (the aunt). With Mennana C., daughter of Mohamed C. (the grand-father and husband of Houria C.), he got four children. Given their precarious financial situation, they wish to leave two of their children, Abdelali and Marouane to the aunt and grand-father’s care that is Houria C. and her husband Mohamed C. who live in France. Both the children are Moroccan nationals but attend school in France since 2006.

Main reasoning of the court - Before the Court of appeal, the grand-father and the aunt allege that the parents of Abdelali and Marouane cannot fully exercise their parental authority and accordingly ask a total delegation of this authority in their favour.
The competent judicial authority within the High civil Court of Fes (Morocco) authorized the drawing up of a kafala document granting the parental authority to the applicants.
The physical distance makes it impossible for them to ensure by themselves the parental authority. Accordingly, it is of the children’s interest to grant this authority to the persons who daily take care of them.

Comment - In Islamic law, a kafala could be defined as the commitment to take care of the education and to support a child voluntarily. Normally, it is not equivalent to an adoption.