Title IX: Parental authority

If the health, safety or morals of an unemancipated minor are in danger, or if the conditions for his or her education or physical, emotional, intellectual and social development are seriously compromised, educational assistance measures may be ordered by the court at the request of the father and mother jointly, or one of them, the person or service to whom the child has been entrusted or the guardian, the minor…

The children’s judge has jurisdiction, subject to appeal, in all matters relating to educational assistance. He must always endeavour to obtain the family’s support for the measure envisaged and decide in strict consideration of the child’s interests. He must systematically carry out an individual interview with the child capable of discernment during his hearing or hearing. When the interests of the child so require, the children’s judge, of his or…

If the protection of the child so requires, the children’s judge may decide to entrust the child: 1° To the other parent; 2° To another member of the family or a trustworthy third party; 3° To a departmental child welfare service; 4° To a service or establishment authorised to receive minors on a daily basis or according to any other form of care; 5° To an ordinary or specialised health…

In the cases specified in 1°, 2°, 4° and 5° of the previous article, the judge may instruct either a qualified person or an open observation, education or re-education service to provide help and advice to the person or service to whom the child has been entrusted and to the family and to monitor the child’s development. In the case mentioned in 3° of article 375-3, the judge may, by…

When the children’s judge orders an educational assistance measure pursuant to articles 375-2 to 375-4, it may propose a family mediation measure to the parents, unless violence against the other parent or the child is alleged by one of the parents or unless one of the parents has a clear hold over the other parent, and, after obtaining their agreement, appoint a family mediator to carry out this measure, under…

On a provisional basis but subject to appeal, the judge may, during the proceedings, either order the provisional surrender of the minor to a reception or observation centre, or take one of the measures provided for in articles 375-3 et 375-4. In urgent cases, the public prosecutor of the place where the minor was found has the same power, but must refer the matter within eight days to the competent…

Decisions taken in matters of educational assistance may, at any time, be amended or rescinded by the judge who made them either of his own motion or at the request of the father and mother jointly, or one of them, the person or service to whom the child has been entrusted or the guardian, the minor himself or the public prosecutor.

The father and mother of a child benefiting from an educational assistance measure continue to exercise all the attributes of parental authority that are not irreconcilable with this measure. They may not, for the duration of this measure, emancipate the child without the authorisation of the children’s judge. Without prejudice to Article 373-4 and the specific provisions authorising a third party to perform a non-routine act without the agreement of…