French Code of civil procedure
In forceThe provisional measures provided for in the first paragraph of
article 375-5of the Civil Code, as well as the information measures provided for in
article 1183of this code, may only be taken, except in the case of a specially-reasoned emergency, if the hearing prescribed by
article 1182, of each of the parents, the guardian, the person or representative of the service to whom the child has been entrusted and the minor capable of discernment.
Where the placement has been ordered as a matter of urgency by the judge without the parties being heard, the judge shall summon them to a date which may not be fixed beyond a period of fifteen days from the decision, failing which the minor shall, at their request, be returned to his parents or guardian, or to the person or service to which he was entrusted.
When the matter is referred to the judge, in accordance with the provisions of the second paragraph of article 375-5 of the Civil Code, by the public prosecutor who has ordered a provisional placement measure as a matter of urgency, the judge shall summon the parties and shall rule within a period that may not exceed fifteen days from the date of referral, failing which the minor shall be returned, at their request, to his parents or guardian, or to the person or service to which he was entrusted.
If urgency so requires, provisional measures may also be taken, without prejudice to the provisions of the second paragraph of article 375-5 of the Civil Code, by the children's judge of the place where the minor was found, on condition that he relinquishes jurisdiction within one month in favour of the territorially competent judge.
