Paragraph 3: Intervention by the family court

The judge of the judicial court delegated to family matters shall settle the matters referred to him or her under this chapter, taking special care to safeguard the interests of minor children. The judge may take measures to guarantee the continuity and effectiveness of the maintenance of the child’s ties with each of his parents. In particular, he may order a ban on the child leaving French territory without the…

The parents may apply to the family court judge for approval of the agreement by which they organise the arrangements for exercising parental authority and set the contribution to the child’s maintenance and education. The judge will approve the agreement unless he finds that it does not sufficiently safeguard the child’s interests or that the parents’ consent was not freely given.

The matter may also be referred to the judge by one of the parents or the public prosecutor, who may in turn be referred by a third party, whether a parent or not, for a ruling on the arrangements for exercising parental authority and the contribution to the child’s maintenance and education.

In application of the two preceding articles, the child’s residence may be fixed alternately at the domicile of each of the parents or at the domicile of one of them. At the request of one of the parents or in the event of disagreement between them as to the child’s mode of residence, the judge may provisionally order alternating residence for a period determined by the judge. At the end…

The judge sets the duration of this enjoyment for a maximum of six months. Where the property belongs to the parents in joint ownership, the measure may be extended, at the request of either parent, if during this period the court has been seised of the division liquidation operations by the most diligent party.

In the event of disagreement, the judge shall endeavour to reconcile the parties. In order to facilitate the parents’ search for a consensual exercise of parental authority, the judge may propose a mediation measure to them, unless violence is alleged by one of the parents against the other parent or against the child, or unless one of the parents has a clear hold over the other parent, and, after obtaining…

When deciding how parental authority is to be exercised, the judge shall in particular take into consideration: 1° The practice previously followed by the parents or any agreements they may have previously entered into; 2° The feelings expressed by the minor child under the conditions provided for in Article 388-1 ; 3° The ability of each parent to assume their duties and respect the rights of the other ; 4°…

Prior to any decision setting the terms and conditions for the exercise of parental authority and visiting rights or entrusting the children to a third party, the judge may commission any qualified person to carry out a social investigation. The purpose of this is to gather information about the family’s situation and the conditions in which the children live and are brought up. If one of the parents disputes the…

The provisions contained in the approved agreement or in the divorce agreement by mutual consent in the form of a private deed countersigned by lawyers and filed with a notary, as well as decisions relating to the exercise of parental authority, may be amended or supplemented at any time by the judge, at the request of the parties or of a parent or of the public prosecutor, who may himself…