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Book 4 · Family law  ›  Title 5 · Parental custody › Section 1678

Consequences for the other parent of the actual prevention or of the suspension

(1) Where a parent is actually prevented from exercising parental custody, or where their parental custody is suspended, the other parent exercises the parental custody alone; this does not apply if the parental custody under section 1626a (3) or section 1671 was held by the parent alone.

(2) Where the parental custody of the parent, which they had alone under section 1626a (3) or section 1671, is suspended, and where there is no prospect of the reason for the suspension ceasing to apply, the family court is to transfer parental custody to the other parent if this is not inconsistent with the best interests of the child.

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