Section III: Delegation, total and partial withdrawal of parental authority, judicial declaration of parental abandonment

Applications for total or partial withdrawal of parental authority are brought before the judicial court of the place where the ascendant against whom the action is brought resides. Applications for delegation of parental authority are brought before the family court of the place where the minor resides. Applications for judicial declaration of parental abandonment are brought before the judicial court of the place where the minor resides. When they emanate…

The matter is referred to the court or judge by petition delivered or addressed to the clerk of the court’s office. Except in the case of applications for delegation of parental authority, the parties are required to instruct a lawyer. The application may be addressed to the public prosecutor, who must forward it to the court or judge. In addition to the information provided for in article 57, the application…

The following shall be summoned to the hearing, by registered letter with acknowledgement of receipt to which the application is attached, at least eight days before the date of the hearing: 1° The petitioner; 2° The parents of the minor; 3° The person, establishment or service that has taken in the child; 4° Where applicable, the minor’s guardian; 5° Where the petition is for the delegation of the exercise of…

The court or judge, even of its own motion, shall carry out or cause to be carried out all useful investigations and in particular the information measures provided for in Article 1183. To this end, he may appoint the children’s judge.

When educational assistance proceedings have been initiated in respect of one or more children, the file shall be communicated to the court or judge by the children’s judge, under the conditions defined in article 1187-1. The Children’s Judge shall not transmit documents that he has excluded from consultation pursuant to Article 1187. In all cases, the children’s judge makes his opinion known with regard to the educational assistance proceedings in…

The public prosecutor may obtain any information he or she deems useful about the minor’s family situation and the morality of his or her parents.

For the duration of the proceedings, the court or judge may order any provisional measure relating to the exercise of parental authority.

The court or judge shall hear the parents, the guardian, the person or representative of the service to whom the child has been entrusted, and any person whose hearing it deems useful. In cases where the parents have disappeared, the court or judge may order a search to be carried out in the interests of the families; in this case, it shall stay the decision for a period not exceeding…

The file may be consulted at the court registry, up until the day before the hearing, by the applicant, the parents, the guardian, the person or service to whom the child has been entrusted or their lawyers if they are assisted or represented. The lawyer may obtain copies of all or part of the documents in the case file for the exclusive use of the proceedings. He may not communicate…

The case is heard and judged in chambers after the opinion of the public prosecutor. The procedure is oral.