Children's judge

The child protection hearing

A French child protection hearing is not a criminal hearing. It allows the children's judge to compare the case file with the child's present circumstances before starting, continuing, changing or ending a protection measure.

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Identify the precise purpose of the hearing

Read the summons alongside the most recent order: this may be a first hearing, renewal of AEMO support, review of placement, an application to change a measure or consideration of provisional arrangements. The answer determines which facts and proposals need to be prepared.

The summons states the right to choose a lawyer or request an appointed lawyer and the right to inspect the file. Parents must attend hearings and interviews when summoned by the children's judge. If a serious difficulty prevents attendance, the court registry should be told immediately and given supporting evidence.

Inspect the case file before the hearing

The parents, guardian, person or service caring for the child and a child with sufficient understanding may ask to inspect the file at the registry until the day before the hearing, under arrangements fixed by the judge. A lawyer may inspect it from the opening of the proceedings.

Identify the originating application, recent reports, investigation material, previous orders and any disputed dates or descriptions. Ask the registry for an appointment early enough; waiting until the final days may make effective preparation impossible.

Prepare a chronology and a workable proposal

A short chronology is more useful than a general account. It can record changes of address, incidents, healthcare, schooling, educational interventions, contact visits and important communications with the service. Each document should be dated and connected to a point the court must decide.

Preparation checklist: what is working now, what remains difficult, the child's expressed needs, support already accepted, reliable adults and the proposed arrangements for the coming weeks. A specific plan for school, healthcare or contact is more useful than a request without practical details.

What happens at the hearing

The case is heard in private. The judge hears the child, the parents, the guardian or the person or service caring for the child, together with anyone else whose evidence appears useful. The lawyers make submissions and the public prosecutor gives an opinion.

The judge must conduct an individual interview with a child who has sufficient understanding. The judge may also excuse the child from attending or ask the child to leave for part of the hearing. The child's position is therefore kept distinct from the parents' or service's position.

Read and implement the order

The order is notified within eight days to the persons listed in the French Code of Civil Procedure. Keep the written order and its envelope because it defines the measure, its duration and any contact, overnight stay or other specific obligations.

On receipt, record the notification date, compare the operative terms with what each party requested and report any implementation problem immediately. The appeal period is fifteen days for parents and the other persons listed in Article 1191. A later change in circumstances may separately justify an application to vary the measure.

Discuss your situation

You can send the firm the essential facts, relevant dates and any known deadline.

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Frequently asked questions

May a relative attend the hearing automatically?

No. The hearing is private. The judge may hear another person if their evidence appears useful, but a party cannot insist that a relative be present.

Must the judge follow the educational service's recommendation?

No. The service's report is one part of the file. The judge decides after considering all the material and hearing the people concerned and their lawyers.

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