French Civil Code
In forceThe father and mother of a child benefiting from an educational assistance measure continue to exercise all the attributes of parental authority that are not irreconcilable with this measure. They may not, for the duration of this measure, emancipate the child without the authorisation of the children's judge.
Without prejudice to Article 373-4 and the specific provisions authorising a third party to perform a non-routine act without the agreement of the holders of parental authority, the children's judge may exceptionally, in all cases where the interests of the child justify it, authorise the person, the service or establishment to which the child is entrusted to exercise one or more specific acts falling within the scope of parental authority in the event of an abusive or unjustified refusal or in the event of negligence on the part of the holders of parental authority or where the latter are being prosecuted or convicted, even if not definitively, for crimes or offences committed against the person of the child, it being the responsibility of the applicant to prove the need for this measure.
The child's place of residence must be sought in the child's best interests and in order to facilitate the exercise of visiting and accommodation rights by the parent(s) and the maintenance of links with the child's brothers and sisters. The child shall be accommodated with his brothers and sisters pursuant to article 371-5, unless his interests require another solution.
If it has been necessary to entrust the child to a person or institution, the parents retain a right to correspond and a right of access and accommodation. The judge will determine how these rights are to be exercised and may, if the interests of the child so require, decide that the exercise of one or more of these rights is to be temporarily suspended. He may also, by specially reasoned decision, impose that the visiting rights of the parent(s) may only be exercised in the presence of a third party designated by him when the child is entrusted to a person or designated by the establishment or service to which the child is entrusted. When the children's judge orders that the visiting rights of the parent or parents of the child entrusted in the case provided for in 2° of article 375-3 is exercised in the presence of a third party, he may instruct the child welfare service or the service responsible for the measure mentioned in article 375-2 to accompany the exercise of these visiting rights. The procedures for organising the visit in the presence of a third party are specified by decree in the Conseil d'Etat.
If the child's situation allows, the judge shall determine the nature and frequency of visiting and accommodation rights and may decide that the conditions for exercising these rights shall be determined jointly by the holders of parental authority and the person, service or establishment to which the child is entrusted, in a document which shall then be sent to the judge. In the event of disagreement, the matter is referred to the court.
The judge may decide how the child is to be cared for, taking into account the child's best interests. If the child's interests so require or in the event of danger, the judge decides on the anonymity of the place of reception.
When applying article 1183 of the Code of Civil Procedure, articles 375-2,375-3 or 375-5 of this Code, the judge may also order a ban on the child leaving the country. The decision sets the duration of this ban, which may not exceed two years. This ban on leaving the country is entered in the wanted persons file by the public prosecutor.
