The judgment may, instead of total withdrawal, simply order a partial withdrawal of parental authority, limited to the attributes it specifies, or a withdrawal of the exercise of parental authority. It may also decide that the total or partial withdrawal of parental authority will have effect only in respect of some of the children already born.
In pronouncing the total or partial withdrawal of parental authority or of the exercise of parental authority or custody rights, the court hearing the case shall, if the other parent is deceased or has lost the exercise of parental authority, either appoint a third party to whom the child will be temporarily entrusted, with the latter being responsible for requesting the organisation of guardianship, or entrust the child to the…
On pronouncing the total withdrawal of parental authority, the court hearing the case may rule on the change of the child’s name, subject to the child’s personal consent if he or she is over thirteen years of age.
Fathers and mothers whose parental authority has been totally withdrawn or whose rights have been withdrawn for one of the reasons set out in articles 378 and 378-1 may, by petition, obtain from the court, on proof of new circumstances, the restoration to them, in whole or in part, of the rights of which they have been deprived. The application for restitution may only be made one year at the…
A child shall be deemed to be neglected where his or her parents have not maintained with him or her the relations necessary for his or her upbringing or development during the year preceding the lodging of the application, without the parents having been prevented from doing so by any cause whatsoever.
The court shall declare a child taken into care by a person, establishment or departmental child welfare service to be abandoned if the child is in the situation referred to in Article 381-1 during the year preceding the submission of the application for a judicial declaration of parental abandonment. The application for a declaration of parental neglect must be submitted, on expiry of the one-year period provided for in article…
Legal administration is the responsibility of the parents. If parental authority is exercised jointly by both parents, each parent is the legal administrator. In other cases, legal administration belongs to whichever of the parents exercises parental authority.
Where legal administration is exercised jointly by the two parents, each of them is deemed, with regard to third parties, to have received from the other the power to carry out alone acts of administration relating to the minor’s property. The list of acts that are considered to be acts of administration is defined under the conditions of article 496.
Where the interests of the sole legal administrator or, as the case may be, of both legal administrators are in opposition to those of the minor, the latter shall request the appointment of an ad hoc administrator by the guardianship judge. Failing diligence on the part of the legal administrators, the judge may make this appointment at the request of the public prosecutor, the minor himself or of his own…
Property given or bequeathed to the minor on condition that it is administered by a third party is not subject to legal administration. The third party administrator has the powers conferred on him by the gift, the will or, failing that, those of a legal administrator. When the third-party administrator refuses this function or is in one of the situations provided for in articles 395 and 396, the guardianship judge…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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