Call Us + 33 1 84 88 31 00

Article 1210-1 of the French Code of civil procedure

Where, pursuant to the provisions of articles 383 and 388-2 of the Civil Code, the court shall appoint an ad hoc administrator and that in the interests of the child, it is impossible to choose the ad hoc administrator from within the family or from among the minor’s relatives, the court may appoint the ad hoc administrator from among the persons on the list provided for in article R. 53…

Read More »

Article 1210-2 of the French Code of civil procedure

The appointment of an ad hoc administrator may be contested by way of appeal by the minor’s legal representatives within a period of fifteen days. This appeal does not have suspensive effect. The appeal is lodged, investigated and judged as in a non-contentious matter.

Read More »

Article 1210-3 of the French Code of civil procedure

In addition to the reimbursement of their travel expenses, calculated in accordance with the conditions laid down for travel by civil servants for the Ministry of Justice, an allowance shall be paid to each person appointed as an ad hoc administrator, where they appear on the list provided for in article 53 of the Code of Criminal Procedure. An indemnity for failure to act is allocated to the ad hoc…

Read More »

Article 1210-4 of the French Code of civil procedure

The central authority designated under the international and European instruments relating to the international wrongful removal of children shall transmit to the public prosecutor at the judicial court with territorial jurisdiction pursuant to article L. 211-12 of the Code of Judicial Organisation the request for return submitted to it. I. – When the request concerns a child who has been moved or retained in France, the Public Prosecutor shall, upon…

Read More »

Article 1210-5 of the French Code of civil procedure

Actions brought on the basis of the provisions of international and European instruments relating to the unlawful international removal of children are brought before the family affairs judge of the court with territorial jurisdiction pursuant to article L. 211-12 of the code of judicial organisation. A request for a ban on the child leaving French territory without the authorisation of both parents shall also be brought before the judge referred…

Read More »

Article 1210-7 of the French Code of civil procedure

As soon as he or she is informed of the return order, the public prosecutor responsible for enforcing it, who is the prosecutor at the judicial court specially designated pursuant to article L. 211-12 of the Code de l’organisation judiciaire, in whose jurisdiction the child is, may hear or have heard the person with whom the child who is the subject of this decision is staying.

Read More »

Article 1210-8 of the French Code of civil procedure

In order to determine the arrangements for enforcing the return order that are best suited to the circumstances of the case, the public prosecutor responsible for enforcing it may: – enlist the services of any qualified person for the purpose of promoting the amicable enforcement of the order and determining the arrangements for the child’s return; – request any qualified person to verify the material, family and social situation of…

Read More »

Article 1210-9 of the French Code of civil procedure

In the absence of voluntary enforcement of the return decision, the public prosecutor with jurisdiction pursuant to article 34-1 of law n° 95-125 of 8 January 1995 to directly request the police force in order to enforce the decision is the one before the judicial court specially designated pursuant to article L. 211-12 of the Code of Judicial Organisation, in whose jurisdiction the child is located. Where appropriate, he shall…

Read More »

Article 1210-10 of the French Code of civil procedure

A copy of the documents in proceedings initiated by the public prosecutor on the basis of articles 1210-4,1210-7,1210-8and 1210-9 must be communicated to the French central authority under the Hague Convention of 25 October 1980 when the latter so requests. Unless expressly refused by the public prosecutor, a copy of the documents referred to in paragraph 1 may be communicated via the French central authority to another central authority designated…

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

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.

Useful links

You have a question in French Business Law?

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.