Section V: International wrongful removal of children

The central authority designated under the international and European instruments relating to the international wrongful removal of children shall transmit to the public prosecutor at the judicial court with territorial jurisdiction pursuant to article L. 211-12 of the Code of Judicial Organisation the request for return submitted to it. I. – When the request concerns a child who has been moved or retained in France, the Public Prosecutor shall, upon…

Actions brought on the basis of the provisions of international and European instruments relating to the unlawful international removal of children are brought before the family affairs judge of the court with territorial jurisdiction pursuant to article L. 211-12 of the code of judicial organisation. A request for a ban on the child leaving French territory without the authorisation of both parents shall also be brought before the judge referred…

The application to obtain the return of the child, pursuant to the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, shall be lodged, investigated and judged in accordance with the accelerated procedure on the merits.

As soon as he or she is informed of the return order, the public prosecutor responsible for enforcing it, who is the prosecutor at the judicial court specially designated pursuant to article L. 211-12 of the Code de l’organisation judiciaire, in whose jurisdiction the child is, may hear or have heard the person with whom the child who is the subject of this decision is staying.

In order to determine the arrangements for enforcing the return order that are best suited to the circumstances of the case, the public prosecutor responsible for enforcing it may: – enlist the services of any qualified person for the purpose of promoting the amicable enforcement of the order and determining the arrangements for the child’s return; – request any qualified person to verify the material, family and social situation of…

In the absence of voluntary enforcement of the return decision, the public prosecutor with jurisdiction pursuant to article 34-1 of law n° 95-125 of 8 January 1995 to directly request the police force in order to enforce the decision is the one before the judicial court specially designated pursuant to article L. 211-12 of the Code of Judicial Organisation, in whose jurisdiction the child is located. Where appropriate, he shall…

A copy of the documents in proceedings initiated by the public prosecutor on the basis of articles 1210-4,1210-7,1210-8and 1210-9 must be communicated to the French central authority under the Hague Convention of 25 October 1980 when the latter so requests. Unless expressly refused by the public prosecutor, a copy of the documents referred to in paragraph 1 may be communicated via the French central authority to another central authority designated…

The decision refusing return issued by a foreign court and the accompanying documents transmitted to the court already seised by the parties of an application relating to the exercise of parental authority, pursuant to Article 29(3) of Council Regulation (EU) 2019/1111 of 25 June 2019 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility as well as international child abduction (recast),…

The time limit for appealing to the Court of Cassation on decisions handed down in matters of international wrongful removal of children is fifteen days.