Convicted of domestic violence, this Moroccan man prevents his deportation thanks to his French son

Born in Morocco in 1987, the man states that he arrived in France in September 2014. The authorities acknowledge that he has habitually resided there since at least the second half of 2018.

His son, born in June 2022 to a French mother, had enabled him to obtain an initial residence card bearing the designation « private and family life ». Renewed once, this multi-year permit remained valid until June 26, 2026.

But on March 31, the father was sentenced by the Niort Criminal Court to a one-year suspended prison term for domestic violence committed between September 2019 and December 2025. He was also prohibited for three years from contacting the victim and from going to her home.

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Considering that his conduct constituted a threat to public order, the prefect of Deux-Sèvres refused, on May 13, to renew his residence permit. He also ordered him to leave France within thirty days.

In the meantime, the child’s mother had been granted sole custody. The father nevertheless retained visitation rights twice a month in a neutral location for six months. He also provided documents showing that he had contributed financially to his son’s maintenance and education between August 2025 and April 2026.

The judge also takes his professional integration into account

The Moroccan man had been working regularly since 2019. After several years as a part-time butcher, he had completed a work-study training program and obtained a vocational qualification as a bricklayer. He was still working full-time in that profession when the prefecture refused to renew his residence permit.

This decision had caused his employment contract to be interrupted. He explained that he no longer had the resources necessary to pay the child support intended for his son and risked dismissal if his situation was not regularized quickly.

In its order, the Poitiers Administrative Court emphasizes that it does not minimize the seriousness of the violence. It nevertheless notes that the criminal conviction is an isolated incident, that the father contributes to his child’s maintenance and that he has achieved genuine professional integration.

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According to the interim relief judge, these factors create serious doubt as to the legality of the refusal of residence, particularly with regard to the right to respect for family life and the best interests of the child.

The prefecture will therefore have to reconsider the case and issue the Moroccan man, within fifteen days, with a temporary residence permit allowing him to work. The State must also pay 1,000 euros to his lawyer, subject to the rules governing legal aid.

The victory remains provisional: the court has not yet definitively annulled either the refusal of residence or the OQTF. But the authorization ordered by the judge allows the father to remain in France and resume his professional activity while his situation is reconsidered.