Many MRE families arrange their summer so that one parent stays in Morocco with the children while the other returns to work in Europe. Others leave their children with grandparents in Morocco for the holidays. These situations raise specific legal questions: how do you authorise a child to leave French territory without one of the parents? How do you give custody rights to a third party in Morocco? What are the Moudawana rules on guardianship? This guide answers these questions with official legal sources.
Costs & fees
| AST form (Cerfa 15646*01) | Free | Downloadable from service-public.fr, no official process or fee required |
| Notarised custody power of attorney (French notary) | EUR 100 to 300 | Depending on complexity and notary's office. Apostille if requested: +EUR 50 |
| Adoul power of attorney in Morocco | 500 to 1,500 MAD | Variable by adoul and complexity of the mandate |
| Apostille (if required for the power of attorney) | EUR 50 to 100 | Service-public.fr — Court of Appeal in the notary's jurisdiction |
| Franco-Moroccan lawyer consultation (custody dispute) | EUR 150 to 400/hour | Strongly recommended in case of separation or parental conflict |
Timeline
Exit authorisation from France (AST)
In France, a minor travelling abroad without one of the parents holding parental authority must have an Exit Authorisation (AST). The AST is a document signed by one of the two parents (the one remaining in France), authorising the child to travel with a named third party. This document is required at the French border (airport, port). The AST is completed on Cerfa form 15646*01, available free of charge on service-public.fr. This form does not need to be legalised, apostilled or certified: the parent's signature is sufficient.
💡 Tip — Prepare the AST and a copy of the signing parent's identity document. The child must have their own valid travel document (passport or French national identity card for EU nationals).
⚠️ Warning — If both parents hold parental authority (the case for the majority of families), the agreement of both parents is legally required for certain important acts. If one parent is the sole holder (court order), a copy of the order may be requested.
Documents required for the child at the border
A Franco-Moroccan (dual national) minor child can travel with their Moroccan passport alone (sufficient to enter Morocco) or with their French passport. If the child travels from France, they must have a valid travel document + the AST if a parent is absent. At Tanger Med or Algeciras, agents may check: (1) the child's identity document, (2) the AST, (3) the identity document of the accompanying adult, (4) proof of family relationship or delegation letter if the accompanying person is not a parent.
💡 Tip — For dual-national (Franco-Moroccan) children, Morocco may require the Moroccan passport for entry into Moroccan territory (even if the child also has French nationality). Check that the child's Moroccan passport is valid.
⚠️ Warning — A Franco-Moroccan child who entered Morocco on their Moroccan passport may be treated as Moroccan only by Moroccan authorities. In the event of a custody dispute, Moroccan courts may apply the Moudawana (Moroccan family law) rather than French law.
Notarised power of attorney for custody in Morocco
If you are leaving your child in Morocco with a third party (grandparents, aunt, uncle), it is strongly recommended to draw up a notarised power of attorney for custody. This document must specify: (1) the child's identity, (2) the identity of the custodian, (3) the custody period (exact dates), (4) the powers granted: authorisation for urgent medical care, travel within Morocco, and administrative procedures. In France, this can be drawn up before a French notary or a Moroccan consul. In Morocco, before an adoul notary or a modern law notary.
💡 Tip — Even if the power of attorney is not legally required in Morocco to look after a child with grandparents, it is essential in a medical emergency: without it, a doctor may refuse to treat a minor without explicit parental consent.
⚠️ Warning — The custody power of attorney does not replace parental authority. It delegates certain daily and emergency acts. It cannot be used to initiate legal guardianship or nationality change procedures.
Rights and obligations under the Moudawana
In Morocco, child custody (hadana) is governed by the Moudawana (Family Code, law 70-03). Article 179 of the Moudawana gives priority to the mother for hadana, followed by the maternal grandmother, then the father, then other relatives. If you are married and your spouse stays in Morocco with the child, no special steps are needed. If you are separated or divorced, the custody judgement is the binding document. A parent leaving the child with a third party (outside the right of access) must ensure this does not contravene an existing court order.
💡 Tip — If you have a custody judgement from France and your child is in Morocco with your ex-partner, the French judgement is not automatically recognised in Morocco. Exequatur (enforcement) procedures are needed via the Moroccan Ministry of Justice.
⚠️ Warning — A Franco-Moroccan custody dispute is one of the most complex situations in private international law. If there is any doubt or tension with the other parent, consult a bilingual Franco-Moroccan lawyer BEFORE the summer.
Schooling and medical emergencies in Morocco
If the child stays in Morocco for more than a few weeks, two situations may arise: (1) Temporary enrolment in a Moroccan school: a simple letter from the custodian is sufficient in most Moroccan private schools. For Moroccan public school, the formalities are more strict (family record book, translated birth certificate). (2) Medical emergency: the custody power of attorney must include an explicit medical clause ('authorises the custodian to consent to urgent medical care including surgical procedures'). Without this clause, some doctors will refuse to treat a minor without reaching the parents.
💡 Tip — Draw up a separate document ('parental authorisation for medical care') that you sign and hand to the custodian. This document can be in French and in Arabic to be understood by Moroccan doctors.
⚠️ Warning — For non-urgent hospitalisations or surgical procedures, direct parental consent in writing or via documented video call may be requested. Remain reachable by phone throughout your child's stay in Morocco.
In depth
## Franco-Moroccan dual nationality and child custody **Dual nationality principle:** Morocco does not officially recognise dual nationality but tolerates it in practice. A child born of Moroccan parents is automatically Moroccan regardless of place of birth. A child born in France to Moroccan parents and registered on the French register is Franco-Moroccan. **Conflict of laws on custody:** In private international law, custody is subject to the law of the child's habitual residence (principle of Article 3 of the 1980 Hague Convention on International Child Abduction). Morocco has ratified the 1980 Hague Convention. In theory, a child habitually residing in France is subject to French law for custody. In practice, if the child is physically in Morocco and the other parent opposes their return, emergency recourse goes through the Moroccan Central Authority (Ministry of Justice) and can take months. **National register of powers of attorney (opening in 2026):** Morocco has been setting up since 2025-2026 a national register of notarised powers of attorney to centralise mandates and facilitate verification by third parties. This register should be operational in 2026 and will allow doctors, schools and administrations to verify the authenticity of a custody power of attorney. **Practical recommendation:** Before leaving your child in Morocco for the summer, draw up and sign: 1. The AST (if departing from France) 2. A notarised custody power of attorney with a medical clause 3. A personal letter in Arabic and French explaining the situation to the custodian 4. A list of emergency contacts (both parents' numbers, child's usual doctor, insurance number)
❌ Common mistakes to avoid
- ✕Forgetting the AST when a child travels with only one parent or a third party: boarding may be refused at the French border
- ✕Believing a French passport alone is sufficient for a dual-national child entering Morocco: Morocco may require the Moroccan passport
- ✕Not including a medical clause in the custody power of attorney and being stuck in case of a surgical emergency
- ✕Thinking a French custody judgement is automatically applied in Morocco: an exequatur procedure is required
- ✕Leaving the child without any custody delegation document and creating difficulties in emergencies or when the custodian needs to travel with the child
🔗 Official links and resources
Service-Public.fr — Exit Authorisation (Cerfa 15646 form)
Official AST form, rules and download of Cerfa 15646*01
Moudawana — Moroccan Family Code (official text)
Full text of the Moudawana (law 70-03) including articles 179 and following on hadana
Moroccan General Consulate in France — consular power of attorney
Procedures for notarial acts and powers of attorney before the Moroccan consul in France
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