Chapter V: Family proceedings

The family affairs judge with territorial jurisdiction is: – the judge of the place where the family residence is located; – if the parents live separately, the judge of the place of residence of the parent with whom the minor children habitually reside in the event of joint exercise of parental authority, or of the place of residence of the parent who exercises this authority alone; – in other cases,…

The role of the family affairs judge is to attempt to reconcile the parties. If a dispute is referred to him, he may propose a mediation measure and, after obtaining the agreement of the parties, appoint a family mediator to carry it out. The decision requiring the parties to meet with a family mediator pursuant to articles 255 and 373-2-10 of the Civil Code is not subject to appeal.

Without prejudice to any other investigative measure and subject to the provisions of the third paragraph of article 373-2-12 of the Civil Code, the judge may, even of his own motion, order a social enquiry if he considers that he is not sufficiently informed by the information available to him. The social enquiry focuses on the family’s situation and, where applicable, on the possibilities of realising the plan of the…

When it rules on the exercise of parental authority or when a case is referred to it for homologation under the procedure provided for by article 1143 or by articles 1565 et seq, the family court judge checks whether educational assistance proceedings are open in respect of the minor or minors. He or she may ask the children’s judge to send him or her copies of documents from the current…

As soon as educational assistance proceedings are opened in respect of the minor(s), a copy of the family court judge’s decision is sent to the juvenile court judge together with any documents that the latter considers useful.

The family court judge shall, where appropriate, be the pre-trial judge. He shall perform the functions of an interim relief judge. In the cases provided for by law or regulation, he shall rule in accordance with the accelerated procedure on the merits.

Applications are formulated, investigated and judged in chambers, unless otherwise provided. Decisions relating to surnames, first names or divorce are handed down publicly.

Unless otherwise provided, decisions of the family court that terminate the proceedings are enforceable on a provisional basis only if they so order. By way of exception, measures relating to the exercise of parental authority, maintenance payments, contributions towards the maintenance and education of the child and contributions towards the costs of the marriage, as well as all measures taken pursuant to article 255 of the Civil Code, are enforceable…

Except in cases where financial intermediation is ruled out by the parents or the judge pursuant to the provisions of 1° and 2° of II of article 373-2-2 of the French Civil Code, the payment of maintenance set in full or in part in cash by a court decision or an agreement approved by the judge is made under the conditions set out in articles R. 582-5 to R. 582-11…

The decision and approved agreement referred to in 1° and 2° of I of Article 373-2-2 of the Civil Code which fix a maintenance allowance in full or in part in cash without ruling out financial intermediation for its payment under the conditions provided for by 1° or 2° of II of the same Article, as well as the decision which, where applicable, subsequently sets up this intermediation pursuant to…