Risk to the child and referral to the judge
The judge does not intervene to resolve an ordinary disagreement about parenting. The procedure requires a danger to the child's health, safety or morality, or serious compromise of the child's physical, emotional, intellectual or social education or development. The facts should be described concretely and placed in the child's current circumstances.
The judge may be asked to act by either or both parents, the guardian, the person or service caring for the child, the child or the public prosecutor. Exceptionally, the judge may act on their own initiative. An urgent protection need should be identified expressly, with available information about the child's location and the immediate risk.
When a young person arrives without a legal representative, protecting an unaccompanied minor may require immediate safeguarding and an appropriate referral. If age is disputed, an age-assessment dispute is a separate process involving the identity documents, the assessment and the available remedies.
The child's and parents' respective positions
The judge informs the parents that proceedings have opened, hears them and tells them why the case was brought. Parents' rights include choosing a lawyer or requesting an appointed lawyer and inspecting the file at the court registry under the applicable rules. They must attend hearings and interviews when summoned.
A child with sufficient understanding is heard and must have an individual interview with the judge. Where the child's interests require it, a lawyer for the child can assist and present the child's own position; an ad hoc representative may be appointed for a child without sufficient understanding. The child's, parents' and service's positions must remain distinct.
Measures available to the judge
Where possible, the child should remain in their current living environment. The judge may order AEMO in-home educational support, including enhanced support, and impose requirements concerning matters such as school or healthcare. The judge may also direct investigations before making a final order.
If the child's protection requires it, child placement may be ordered with the other parent, a relative, a trusted third party, the departmental child welfare service or an establishment. The measure lasts for a defined period, may be renewed by a reasoned order and may be varied or ended if circumstances change.
Prepare the file, hearing and next steps
To prepare for the child protection hearing, collect the summons, latest order and evidence of notification, reports received, a short chronology, current information about housing, school, health and family relationships, and practical proposals for the child. Each document should be dated and connected to an issue the judge must decide.
The file may be inspected at the registry until the day before the hearing under the French Code of Civil Procedure. To appeal a child protection order, keep the written order and its envelope: for parents and the other appellants listed by law, the period is fifteen days after notification.
Discuss your situation
You can send the firm the essential facts, relevant dates and any known deadline.
Frequently asked questions
Which documents are most useful for an initial review?
The summons, complete order, evidence of notification and most recent reports are the priority. Sensitive documents should not be sent until an appropriate channel has been agreed.
Are French child protection proceedings criminal proceedings?
No. They are civil protection proceedings, although the same facts may separately lead to a criminal investigation.
Must every family member agree before a measure can be ordered?
No. The judge must seek the family's cooperation but may order the measure needed to protect the child despite disagreement.