The guardianship judge may only rule on a petition concerning a protected adult of full age and relating to the protection of his person after having heard or called the latter unless the hearing is likely to harm the health of the person concerned or if the latter is incapable of expressing his wishes.
The judge shall, if he considers it appropriate, hear the persons listed in articles 430,494-1 and 494-10 du code civil. This hearing is a matter of right when it is requested by a person applying for protection. In application of the provisions of the second paragraph of article 494-4 of the Civil Code, the judge shall establish the support or absence of legitimate opposition of the persons referred to in…
A guardianship judge hearing the case of a minor may check with the juvenile court judge whether educational assistance proceedings have been opened and ask the latter to send him copies of documents from the case in progress, in accordance with the procedures defined in article 1187-1.
On being 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, transmit a copy of any document that the latter considers useful.
The file may be consulted at the court registry by the applicant until the opening or authorisation decision has been handed down or, where a modification of the protection measure, a review or renewal of authorisation is requested, until a decision has been made on this request. It may also be consulted under the same conditions and with the authorisation of the court seised, by one of the persons listed…
At any time during the proceedings, the file may be consulted at the clerk’s office of the court holding it, upon written request and without any restriction other than the needs of the service, by the adult to be protected or protected, where applicable, by his lawyer as well as by the person or persons responsible for the protection. When the request to consult the file comes from the adult…
The file of the minor under guardianship may be consulted at the court registry by the petitioner, the guardian, the parents or, where applicable, their lawyers, until a decision is made on the petition. At any time during the procedure, the minor capable of discernment, his guardian or one of his parents may ask to consult his file. Minors capable of discernment may only consult the file concerning them in…
The lawyer for the adult to be protected or protected, the minor or his 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 adult under protection or protected, the minor or a third party.
Subject to provisions of article 510 of the Civil Code relating to the communication of management accounts, the guardianship judge may, after pronouncement of the protective supervision judgment, authorise, upon justification of a legitimate interest, the delivery of a copy of one or more documents from the file to the protected adult, the minor who has reached the age of sixteen or the person in charge of the protective measure.
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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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