What can a children's judge do to protect a child in danger?

Verified 19 June 2023 - Directorate for Legal and Administrative Information (Prime Minister)

In order to protect a minor in danger, the juvenile judge may take educational assistance measures (ranging from follow-up and family support to placement of the child).

The Juvenile Judge shall, as far as possible, keep the child in the family.

He then appoints a qualified person or a specialized service to help the family.

The specialized service will set up social and educational support for the family to ensuring the health, safety and upbringing of the child.

The child may also benefit from psychological counseling.

When the child is followed by a specialized service, he can be accommodated there on an exceptional or periodic basis (1 week per month for example).

The judge may make the child or his or her parents subject to certain obligations. They may include the following:

  • Attend school (be enrolled in a health or educational institution, including boarding school)
  • To pursue a professional activity by the child, if he or she is of working age
  • Observe psychological or medical follow-up

If the child is followed by a specialized service, the measurement may last Maximum 2 years, renewable once.

If the child is followed by a qualified person, there is no no maximum duration.

The judge may also order a family budget management assistance the purpose of which is to restore the financial autonomy of the family or home-based educational aid whose purpose is to restore the bonds between the parents and the child.

The children's judge may decide on a investment measure in the most serious cases.

This measure does not withdraw parental authority to the child's parents.

This measure shall be fixed for a period of Maximum 2 years, renewable once.

However, it is possible that the measures may be ordered for a longer period if the family situation so requires.

Parents can obtain a right of access.

The costs incurred in the care of the minor must be paid by the parents, unless the judge decides otherwise.

The juvenile judge may order a travel ban (IST) in parallel with another educational assistance measure. This may be the case, for example, when the child is placed with the other parent.

Thus, the child will not be able to leave France without the authorization of the judge. The agreement of his two parents won't be enough.

The travel ban is for a maximum of two years.

The juvenile judge may order family mediation as part of the educational assistance.

Family mediation is a time of listening, exchange and negotiation in family conflicts.

Its purpose is to ease tensions and restore a fragile family bond (children, parents, grandparents, heirs...).

A qualified third-party professional, the family mediator, accompanies the families. It encourages the resumption of dialog so that the parties can reach an agreement themselves.

The children’s judge must inform parents about the support measures put in place by the department, from which they can benefit. These include:

  • home help,
  • reception in a parental center.

In order for family mediation to take place, the following conditions must be met:

  • This measure must be accompanied by another educational assistance measure (e.g. placement of the child in foster care)
  • Parental consent is required

Please note

In the event of violence or domination by one parent over the other parent or child, family mediation is not possible, the aim being to protect the victim(s).

The intervention of the judge must be requested when one of the serious risks the following is the burden on the minor:

  • His physical health
  • Mental or psychological health (behavioral disorders...)
  • Its material security (precarious housing...)
  • Its morality (exposure to delinquency...)
  • His upbringing

The following persons may appeal to the juvenile judge:

  • Child himself
  • Parents of the child acting together, or one acting alone
  • Guardian or foster family of the minor or any other person in charge of the child
  • Social Welfare for Children (Ase) or any other service with responsibility for children
  • Public Prosecutor, who is usually notified by the department or by any official who is a witness to an offense committed against or by the child

FYI  

in exceptional cases, the judge may decide on an educational assistance measure of his own accord.

The intervention of the judge must be requested when one of the serious risks the following is the burden on the minor:

  • His physical health
  • Mental or psychological health (behavioral disorders...)
  • Its material security (precarious housing...)
  • Its morality (exposure to delinquency...)
  • His upbringing

The request for intervention of the juvenile judge must be made via a request to the court of the domicile of the parents or foster family, the guardian or any other person or service having the child's care.

Who shall I contact

Please note

if there are several children from the same family living in different places, the case will be centralized withonly one children's judge.

The children's judge can change the educational assistance measures himself.

However, the amendment may also be requested by:

  • Child himself
  • Parents, acting together or separately, or the child's guardian
  • Person or department to whom the child has been entrusted
  • Public Prosecutor

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