Section IIa: Judicial measures to help manage the family budget

The jurisdiction to order a judicial measure of assistance with the management of the family budget provided for in Article 375-9-1 of the Civil Code lies with the children’s judge of the place of residence of the recipient or beneficiary of the family benefits to which the minor is entitled. If the recipient or beneficiary of family benefits changes his place of residence, the provisions of the second and third…

The children’s judge may be referred to by: 1° One of the minor’s legal representatives; 2° The recipient or beneficiary of the family benefits to which the minor is entitled; 3° The public prosecutor ; 4° The mayor of the municipality of residence of the recipient or beneficiary of the family benefits to which the minor is entitled, or the mayor of the municipality of residence of this minor, jointly…

The children’s judge shall notify the initiation of the proceedings, if they are not the authors of the referral: 1° The legal representatives of the minor; 2° The recipient or beneficiary of the family benefits to which the minor is entitled; 3° The public prosecutor; 4° The body responsible for the family benefits; 5° The president of the departmental council of the residence of the recipient or beneficiary of the…

The recipient of family benefits may choose a lawyer or ask the judge to appoint one for him or her. The requested appointment must be made within eight days of the request. The interested party is reminded of his right to be assisted by a lawyer at the first hearing.

The case is heard and judged in chambers. The hearing may be held at the seat of the juvenile court or at the seat of a local chamber located within the jurisdiction, which the summons indicates. At the hearing, the judge hears the recipient or beneficiary of family benefits and informs him of the reasons for his referral. He will hear any other person whose testimony he deems useful. The…

The children’s judge decides on the judicial measure of help with managing the family budget by decision separate from the other decisions relating to educational assistance. The judicial measure to help manage the family budget may be modified or withdrawn at any time either :

The Children’s Judge’s decision is notified within eight days to the parties and, in any event, to the family benefits delegate if he has been appointed and to the body responsible for these benefits. Notice of notification is also given to the public prosecutor.

The decision of the children’s judge may be appealed by the parties and the family benefits delegate, within fifteen days of its notification or delivery of the notice. The appeal is lodged according to the rules laid down in articles 931 à 934. The Registrar shall notify the parties who have not lodged the appeal themselves of the appeal by simple letter and inform them that they will be summoned…