Article 1234-7 of the French Code of civil procedure
November 7, 2023
Unless the judge considers it contrary to their interests, the minor or protected adult may attend the council meeting, but only in an advisory capacity.
Unless the judge considers it contrary to their interests, the minor or protected adult may attend the council meeting, but only in an advisory capacity.
The deliberations of the Family Council shall state the reasons on which they are based. Whenever it is not taken unanimously, the opinion of each of its members is mentioned in the minutes.
Prior to a meeting of a minor’s family council, the judge shall hear the minor, or have the minor heard, if the minor is capable of discernment, under the conditions provided for in article 388-1 of the Civil Code.
The judge’s decision authorising, in accordance with the provisions of article 457 of the Civil Code, the family council to meet and deliberate without its presence is a measure of judicial administration. The members of the family council are informed of this by the clerk’s office.
At the end of the meeting of this board, each member present signs the deliberation taken. Within eight days, the Chairman of the Board shall deliver the deliberation to the Registrar or send it to the Registrar by registered letter with acknowledgement of receipt.
The judge’s objection to the deliberation thus taken shall be made within fifteen days of its delivery or receipt, by order not subject to appeal. Any member of the family council may also object to the deliberation within fifteen days of it, by application to the judge. In all cases, the judge, by the same order, shall convene and convene within one month the family council, which he then chairs,…
Unless otherwise provided, the decisions of the guardianship judge and the deliberations of the family council may be appealed. Without prejudice to the provisions of articles 1239-1 to 1239-3, the appeal is open to the persons listed in articles 430 and 494-1 of the Civil Code, even if they did not intervene in the proceedings. The time limit for appeal is fifteen days. The parties are not required to constitute…
As part of the amicable division provided for in article 507 of the Civil Code, an appeal against a deliberation of the family council or a decision of the guardianship judge is open to the guardian, the members of the family council and the other parties interested in the division.
An appeal against a judgment refusing to grant a protective measure in respect of a person of full age is only open to the applicant.
Without prejudice to the provisions of article 1239-1, an appeal against a deliberation of the family council is open to all its members and to the guardianship judge, regardless of their opinion at the time of the deliberation.
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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
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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
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