Article 1180-6 of the French Code of civil procedure
November 7, 2023
The juvenile guardianship judge with territorial jurisdiction is that of the minor’s habitual residence.
The juvenile guardianship judge with territorial jurisdiction is that of the minor’s habitual residence.
The matter is referred to the judge by petition delivered or addressed to the registry of the judicial court. The application shall state, on pain of nullity, the surname, forenames and address of the applicant, his relationship to the minor, and the identity and address of the minor and his parents. Where the application is based on the provisions of the second paragraph of article 387-3 of the Civil Code,…
The judge may, either of his own motion or at the request of the parties or the public prosecutor, order any investigative measure.
The judge hears the minor under the conditions of article 388-1 of the Civil Code. It may, in all cases where it considers it appropriate, hear the parents and any other person. The hearing is not public. A record of the hearing shall be drawn up.
A guardianship judge hearing a minor’s case may check with the juvenile court judge whether educational assistance proceedings have been opened and ask the latter to send him a copy of the documents in the current case, in accordance with the procedures defined in article 1187-1.
Once informed that educational assistance proceedings have been opened in respect of the minor, the guardianship judge shall, at the request of the children’s judge, forward a copy of any document that the latter deems useful.
The file may be consulted at the court registry by the petitioner, the minor capable of discernment, the parents or their lawyers, if they are assisted or represented, until a decision is made on the petition. Where the provisions of articles 387-3, 387-4 or 387-5 of the Civil Code are applied, the minor capable of discernment or one of his parents and their counsel may request to consult the file…
The lawyer for the minor or the minor’s parents may obtain copies of all or part of the documents in the case file. He may not communicate the copies thus obtained or their reproduction to the minor or to a third party. The judge may authorise, at their request and on justification of a legitimate interest, the issue of a copy of one or more documents in the case file…
At the request of any interested party or ex officio, the judge may order that the examination of the application give rise to a debate, in particular when articles 387, 387-3, 387-4 and 387-5 of the Civil Code are applied . In this case, the judge will rule after hearing or calling the legal administrator(s). The parties’ lawyers, where they are assisted or represented, are heard in their observations.
The case is heard and decided in chambers.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
