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 | See service-public.gouv.fr | Official form available on service-public.gouv.fr |
| Notarised custody power of attorney (French notary) | Check with the notary | Depending on complexity and the notary's office |
| Adoul power of attorney in Morocco | Check with the adoul | Variable by adoul and complexity of the mandate |
| Apostille (if required for the power of attorney) | Check on service-public.gouv.fr | See service-public.gouv.fr |
| Franco-Moroccan lawyer consultation (custody dispute) | Check with the lawyer | Fees set by each lawyer |
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 the official form available on service-public.gouv.fr (no visit to the town hall, prefecture or police station is required). It must be signed by one parent holding parental authority; where parental authority is joint, it is recommended to obtain the other parent's agreement.
💡 Tip: The AST must be accompanied by a legible photocopy of the signing parent's valid identity card or passport. 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. The AST form is presented to the border guard at the check, with the photocopy of the signatory's identity document.
💡 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), a notarised power of attorney for custody can be drawn up. 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; the forms accepted by the Moroccan authorities should be checked with the Moroccan consulate. In Morocco, before an adoul notary or a modern law notary.
⚠️ 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). Under article 171 of the Moudawana, custody is entrusted first to the mother, then to the father, then to the maternal grandmother. 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.
Schooling and medical emergencies in Morocco
If the child stays in Morocco for more than a few weeks, two situations may arise: (1) Enrolment in a Moroccan school: the documents required should be checked with the establishment. (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.
⚠️ Warning: For non-urgent hospitalisations or surgical procedures, direct parental consent in writing or via documented video call may be requested.
In depth
Franco-Moroccan dual nationality and child custody
Dual nationality principle: 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, Article 3 of the 1980 Hague Convention on International Child Abduction defines wrongful removal by reference to the law of the State in which the child was habitually resident immediately before the removal. Morocco acceded to this Convention (9 March 2010, in force on 1 June 2010). 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).
Documents generally useful: For a child's summer stay in Morocco:
- The AST (if departing from France)
- A notarised custody power of attorney with a medical clause
- A personal letter in Arabic and French explaining the situation to the custodian
- 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.gouv.fr, Exit Authorisation (AST)
Official AST form, signature rules and documents to attach
Moroccan justice portal (adala), family law
Moroccan justice portal: text of the Family Code (law 70-03), including hadana
Consulat.ma, Moroccan consular services
Moroccan consular services: signature legalisation and powers of attorney
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