Paragraph 3: Intervention by the family court

Articles in this section · 9

Article 373-2-9

French Civil CodeIn force

Updated 8 Nov 2023

In application of the two preceding articles, the child's residence may be fixed alternately at the domicile of each of the parents or at the domicile of one of them.

At the request of one of the parents or in the event of disagreement between them as to the child's mode of residence, the judge may provisionally order alternating residence for a period determined by the judge. At the end of this period, the judge will give a final ruling on the child's alternating residence at the home of each of the parents or at the home of one of them.

When the child's residence is fixed at the home of one of the parents, the family affairs judge will rule on the arrangements for the other parent's visiting rights. Where the interests of the child so require, such visiting rights may, by specially reasoned decision, be exercised in a meeting place designated by the judge.

Where the interests of the child so require or where the direct handover of the child to the other parent presents a danger for one of them, the judge shall organise the arrangements so that they offer all the necessary guarantees. He may provide for it to take place in a meeting place that he designates, or with the assistance of a trusted third party or the representative of a qualified legal entity.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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