The judge is seised by a summons to a hearing date communicated to the applicant in accordance with the procedures defined by article 751.
In a duly justified case of urgency, the family court, on receipt of a petition, may allow a summons to be issued for a hearing date to be set at short notice.
In both these cases, the summons must be delivered to the family court.
In both these cases, the summons must be delivered to the clerk’s office no later than the day before the hearing. If the summons is not delivered within the time limit set, it will be declared null and void ex officio by order of the family court or, failing this, at the request of one of the parties.
The matter may also be referred to the court by petition delivered or addressed to the registry, jointly or by one party only. The application must state the surnames, first names and addresses of the parties or, where applicable, the last known address of the defendant. In the case of legal entities, it must state their form, name, registered office and the body that legally represents them. It contains the subject of the claim and a summary of the reasons for it. It is dated and signed by the person submitting it or their lawyer.