Parental authority
LexInter | May 8, 2006 | 0 Comments


it is rightly and in consideration of the best interests of the child within the meaning of Article 3.1 of the New York Convention of January 26, 1990, and of his right to be heard in any procedure concerning him. by article 12-2 of the same treaty, as the court of appeal, without granting him the quality of party to the proceedings and without entrusting his interests to an ad hoc administrator, the administration of the property of the minor not being in question, took the initiative to appoint a lawyer to him in order to collect his feelings and to state them during the hearing, being noted that the court seised always has, in any state of the proceedings, the possibility of proceed with the personal hearing of the child, either at his request, or if the circumstances make this measure useful or necessary; that it has thus made an exact application of the aforementioned texts  Cass. Civ. 1 November 22, 2005


Considering article 43 of law n̊ 85-1372 of December 23, 1985;

Whereas according to this text, when the parents are jointly vested with parental authority over their minor child, one of them cannot add, alone, by way of use, his name to that of the other, without obtain the prior consent of the latter; that failing that, the judge can authorize this addition  Cass. civ. 1 March 3, 2009

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