parental authority
LexInter | October 29, 2002 | 0 Comments

PARENTAL AUTHORITY

Chapter IParental authority

Article 1

I. – Articles 287 to 295 of the Civil Code are repealed.
II. – Article 286 of the same code reads as follows:
“Art. 286. – The consequences of divorce for the children are regulated according to the provisions of Chapter I of Title IX of this book. ”
III. – Article 256 of the same code reads as follows:
“Art. 256. – The consequences of separation for the children are regulated according to the provisions of Chapter I of Title IX of this book. “Article 2

Article 371-1 of the Civil Code reads as follows:
“Art. 371-1. – Parental authority is a set of rights and duties having the best interests of the child as a finality.
“It belongs to the father and mother until the age of majority or the emancipation of the child to protect him in his safety, his health and his morality, to ensure his education and allow his development, in the respect due to his person.
“Parents involve the child in decisions that affect him, according to his age and degree of maturity. “Article 3

Article 371-2 of the Civil Code reads as follows:
“Art. 371-2. – Each of the parents contributes to the maintenance and education of the children in proportion to their resources, those of the other parent, as well as the needs of the child.
“This obligation does not automatically cease when the child is of age. “Article 4

I. – The first paragraph of article 371-4 of the civil code reads as follows:
“The child has the right to maintain personal relations with his ascendants. Only serious reasons can prevent this right. ”
II. – The second paragraph of the same article reads as follows:
“If such is the best interests of the child, the family court judge sets the terms of the relationship between the child and a third party, parent or not. “Article 5

I. – Before article 372 of the civil code, a division and a title written as follows are inserted:
“§ 1. General principles”

II. – Article 372 of the same code reads as follows:
“Art. 372. – The father and mother jointly exercise parental authority.
“However, when parentage is established with regard to one of them more than one year after the birth of a child whose parentage is already established with regard to the other, the latter alone remains vested with the exercise of parental authority. The same applies when parentage is legally declared with regard to the second parent of the child.
“Parental authority may nevertheless be exercised jointly in the event of a joint declaration by the father and mother before the chief clerk of the district court or by decision of the family affairs judge. ”
III. – At the end of the first paragraph of article 365 of the same code, the words: “but this one keeps the exercise” are replaced by the words: “which keeps only the exercise, subject to a joint declaration with the adopter before the chief clerk of the tribunal de grande instance for the purposes of joint exercise of this authority ”.
IV. – Articles 373 and 373-1 of the same code are worded as follows:
“Art. 373. – Is deprived of the exercise of parental authority the father or the mother who is unable to express his will, because of his incapacity, his absence or any other cause.
“Art. 373-1. – If one of the father and mother dies or is deprived of the exercise of parental authority, the other exercises this authority alone. ”
V. – Before article 373-3 of the same code, a paragraph 3 is inserted as follows:
Ҥ 3. Intervention of the judge in family matters

“Art. 373-2-6. – The judge of the high court delegated to family affairs settles the questions submitted to him within the framework of this chapter, taking special care to safeguard the interests of minor children.
“The judge can take measures to guarantee the continuity and effectiveness of the maintenance of the child’s links with each of his parents.
“In particular, he may order the entry in the parents’ passport of the prohibition on leaving the child from French territory without the authorization of both parents.
“Art. 373-2-7. – Parents can refer the matter to the family affairs judge in order to have the agreement approved by which they organize the terms of exercise of parental authority and set the contribution to the maintenance and education of the child.
“The judge approves the agreement unless he finds that it does not sufficiently protect the interests of the child or that the parents’ consent has not been freely given.
“Art. 373-2-8. – The judge may also be seized by one of the parents or the public prosecutor, which may itself be seized by a third party, parent or not, for the purpose of ruling on the modalities of exercise of parental authority and on the contribution to the maintenance and education of the child.
“Art. 373-2-9. – In application of the two preceding articles, the residence of the child can be fixed alternately at the domicile of each of the parents or at the domicile of one of them.
“At the request of one of the parents or in the event of disagreement between them on the child’s mode of residence, the judge may provisionally order a work-study residence for which he determines the duration. At the end of this, the judge decides definitively on the residence of the child alternately at the domicile of each of the parents or at the domicile of one of them.
“Art. 373-2-10. – In the event of disagreement, the judge endeavors to reconcile the parties.
“In order to facilitate the search by the parents for a consensual exercise of parental authority, the judge can offer them a mediation measure and, after having obtained their agreement, appoint a family mediator to proceed with it.
“He can order them to meet a family mediator who will inform them about the object and the progress of this measure.
“Art. 373-2-11. – When deciding on the modalities for exercising parental authority, the judge takes into account in particular:
“1o The practice that the parents had previously followed or the agreements that they had previously been able to conclude;
“2o The feelings expressed by the minor child under the conditions provided for in article 388-1;
“3o The aptitude of each of the parents to assume their duties and respect the rights of the other;
“4o The result of any appraisals carried out, taking into account in particular the age of the child;
“5o The information which was collected in the possible social investigations and counter-investigations provided for in article 373-2-12.
“Art. 373-2-12. – Before any decision fixing the modalities of the exercise of parental authority and the right of visit or entrusting the children to a third party, the judge can give the mission to any qualified person to carry out a social investigation. The purpose of this is to collect information on the family situation and the conditions in which the children live and are brought up.
“If one of the parents disputes the conclusions of the social inquiry, a counter-inquiry can be ordered at his request.
“The social inquiry cannot be used in the debate on the cause of divorce.
“Art. 373-2-13. – The provisions contained in the approved agreement as well as the decisions relating to the exercise of parental authority may be modified or supplemented at any time by the judge, at the request of or of a parent or of the public prosecutor, who may itself be seized by a third party, parent or not. “Article 6

I. – After article 373-1 of the civil code, a division and a title written as follows are inserted:
“§ 2. Exercise of parental authorityby separated parents ”

II. – Article 373-2 of the same code reads as follows:
“Art. 373-2. – The separation of parents has no impact on the rules governing the devolution of the exercise of parental authority.
“Each of the father and mother must maintain personal relations with the child and respect the bonds of this one with the other parent.
“Any change of residence of one of the parents, since it modifies the methods of exercise of parental authority, must be the subject of prior information and in good time to the other parent. In the event of disagreement, the most diligent parent refers the matter to the family affairs judge, who rules according to what is required in the best interests of the child. The judge allocates the travel expenses and adjusts the amount of the contribution to the maintenance and education of the child accordingly. ”
III. – After article 373-2 of the same code, five articles 373-2-1 to 373-2-5 are inserted as follows:
“Art. 373-2-1. – If the interests of the child so require, the judge may entrust the exercise of parental authority to one of the two parents.
“The exercise of visitation and accommodation rights can only be refused to the other parent for serious reasons.
“This parent retains the right and the duty to oversee the maintenance and upbringing of the child. He must be informed of the important choices relating to the latter’s life. He must respect the obligation incumbent on him by virtue of article 371-2.
“Art. 373-2-2. – In the event of separation between the parents, or between them and the child, the contribution to his upkeep and his education takes the form of alimony paid, as the case may be, by one of the parents to the child. other, or to the person to whom the child has been entrusted.
“The terms and guarantees of this alimony are fixed by the approved agreement referred to in
“This pension may in whole or in part take the form of direct payment of costs incurred for the benefit of the child.
“It can be fully or partially served in the form of a right of use and habitation.
“Art. 373-2-3. – When the consistency of the debtor’s property lends itself to it, the alimony may be replaced, in whole or in part, under the terms and guarantees provided for by the approved agreement or by the judge, by the payment of a sum of money in the hands of an accredited body responsible for granting the child an indexed pension, the abandonment of usufruct property or the allocation of income-producing assets.
“Art. 373-2-4. – The allocation of a supplement, in particular in the form of alimony, may,
“Art. 373-2-5. – The parent who primarily assumes the care of an adult child who cannot provide for his own needs may ask the other parent to pay him a contribution towards his maintenance and education. The judge can decide or the parents agree that this contribution will be paid in whole or in part into the hands of the child. “Article 7

I. – Article 377 of the Civil Code reads as follows:
“Art. 377. – The father and mother, together or separately, may, when the circumstances so require, apply to the judge with a view to having all or part of the exercise of their parental authority delegated to a third party, member of the family, close relative. trustworthy, approved establishment for the collection of children or departmental child welfare service.
“In the event of manifest disinterest or if the parents are unable to exercise all or part of parental authority, the individual, establishment or departmental service of social assistance to children who received the the child may also apply to the judge for the purpose of having himself or her totally or partially delegated the exercise of
“In all the cases referred to in this article, both parents must be called to the proceedings. When the child concerned is the subject of an educational assistance measure, the delegation can only intervene after consulting the children’s judge. ”
II. – Article 377-1 of the same code reads as follows:
“Art. 377-1. – The total or partial delegation of parental authority will result from the judgment rendered by the family affairs judge.
“However, the delegation judgment may provide, for the educational needs of the child, that the father and mother, or one of them, will share all or part of the exercise of parental authority with the third party delegatee. Sharing requires the consent of the parent (s) as they exercise parental authority. The presumption of article 372-2 is applicable with regard to acts performed by the delegator (s) and the delegatee.
“The judge may be seized of the difficulties that the shared exercise of parental authority could generate by the parents, one of them, the delegatee or the public prosecutor. It rules in accordance with the provisions of article 373-2-11. ”
III. – The last paragraph of article 377-2 of the same code is deleted.Article 8

I. – Before article 373-3 of the civil code, a division and a title written as follows are inserted:
“§ 4. Intervention of third parties”

II. – In article 373-3 of the same code:
1o The beginning of the first paragraph reads as follows: “The separation of the parents does not constitute an obstacle … (the rest without change). “;
2o The second paragraph is worded as follows:
“The judge may, exceptionally and if the interests of the child so require, in particular when one of the parents is deprived of the exercise of parental authority, decide to entrust the child to a third party, preferably chosen from his family. It is referred to and rules in accordance with articles 373-2-8 and 373-2-11. “;
3o In the third paragraph, the words: “divorce or legal separation” are replaced by the words: “separation of the parents”;
4o The last paragraph is deleted.
III. – 1. The 1o of the
“1o To the other parent; “.
2. In the last paragraph of the same article, the words: “of articles 287 and 287-1” are replaced by the words: “of article 373-3”.
IV. – In article 389-2 of the same code:
1o The words: “in one of the cases provided for in article 373” are replaced by the words: “deprived of the exercise of parental authority”;
2o The words: “unless the parents exercise joint parental authority, when the father and mother are divorced or legally separated, or even when the minor is a natural child” are replaced by the words: “in case of unilateral exercise of parental authority ”.
V. – In article 1384 of the same code, the words: “the right of custody” are replaced by the words: “the
VI. – The second sentence of the second paragraph of article 247 is deleted and articles 372-1, 372-1-1 and 374 of the same code are repealed.
VII. – After the word: “find”, the end of the first paragraph of article 390 of the same code reads as follows: “deprived of the exercise of parental authority. ”
Chapter IIFiliationArticle 9

I. – In Chapter I of Title VII of Book I of the Civil Code, an article 310-1 is inserted before section 1 as follows:
“Art. 310-1. – All children whose parentage is legally established have the same rights and the same duties in their relations with their father and mother. They become part of the family of each of them. ”
II. – In the same code, the following are respectively replaced:
1o In article 340-6, the words: “and 374” by the words: “and 372”;
2o In article 358, the word: “legitimate” by the words: “whose parentage is established in application of Title VII of this book”;
3o In the second paragraph of article 365, the words: “under the same conditions as with regard to the legitimate child” by the words: “under the conditions provided for in Chapter I of Title IX of this book” ;
4o In the third paragraph of the same article, the words: “of the legitimate child” by the words: “of minors”.
III. – The first two paragraphs of article 368 of the same code are replaced by a paragraph worded as follows:
“The adoptee and his descendants have, in the family of the adopter, the inheritance rights provided for in Chapter III of Title I of the book III. “Article 10

I. – In the civil code, the following are deleted:
1o In article 1072, the word: “legitimate”;
2o In article 402, the word: “legitimate”.
II. – The first and second paragraphs of article 334 and article 1100 of the same code are repealed.
III. – 1. Article 62 of the same code is supplemented by a paragraph worded as follows:
“When establishing the act of recognition, articles 371-1 and 371-2 will be read to its author. ”
2. The first paragraph of article 75 of the same code is completed by a sentence worded as follows:
” Article 371-1 will also be read. ”
Chapter IIIMiscellaneous and transitional provisionsArticle 11

I. – The provisions of Articles 1 to 10 are applicable to pending proceedings which have not given rise to a decision which has become res judicata.
II. – The provisions of the first paragraph of article 372 of the civil code are applicable to children born before the entry into force of this law, since they have been recognized by their father and mother in the year of their birth.Article 12

After article L. 161-15-2 of the social security code, an article L. 161-15-3 is inserted as follows:
“Art. L. 161-15-3. – Notwithstanding any contrary provisions, children of parents who are both insured under a sickness and maternity insurance scheme may be attached as entitled persons to each of the two parents.
“The terms of application of this article are determined by decree of the Council of State. “Article 13

I. – The prostitution of minors is prohibited throughout the territory of the Republic.
II. – Any minor who engages in prostitution, even occasionally, is deemed to be in danger and comes under the protection of the children’s judge under the educational assistance procedure.
III. – After article 225-12 of the penal code, a section 2 bis is inserted as follows:
“Section 2a”Recourse to the prostitution of a minor

“Art. 225-12-1. – The fact of soliciting, accepting or obtaining, in exchange for remuneration or a promise of remuneration, relations of a sexual nature from a minor who engages in prostitution, including occasionally, is punished by three years imprisonment and a fine of 45,000 Euros.
“Art. 225-12-2. – The penalties are increased to five years’ imprisonment and a fine of 75,000 Euros:
“1o When the offense is committed in the usual way or against several minors;
“2o When the minor has been put in contact with the author of the facts through the use, for the dissemination of messages to an undetermined audience, of a communication network;
“3o When the acts are committed by a person who abuses the authority conferred on him by his functions.
“The penalties are increased to seven years imprisonment and 100,000 Euros fine in the case of a minor of fifteen years.
“Art. 225-12-3. – In the event that the offenses provided for by articles 225-12-1 and 225-12-2 are committed abroad by a French person or by a person habitually residing on French territory, French law is applicable by way of derogation from the second paragraph of article 113-6 and the provisions of the second sentence of article 113-8 do not apply.
“Art. 225-12-4. – Legal persons can be declared criminally liable under the conditions provided for by the
“The penalties incurred by legal persons are:
“ 1o The fine, in accordance with the terms provided for in article 131-38;
“2o The penalties mentioned in article 131-39.
“The prohibition mentioned in 2o of article 131-39 relates to the activity in the exercise of which or on the occasion of the exercise of which the offense was committed. ”
IV. – After article 225-7 of the penal code, an article 225-7-1 is inserted as follows:
“Art. 225-7-1. – Pimping is punishable by fifteen years of criminal imprisonment and a fine of 3,000,000 Euros when it is committed against a minor of fifteen years. ”
V. – In the first paragraph of article 225-20 of the same code, the words:” by section 2 “are replaced by the words:
VI. – The 4o of article 227-26 of the same code is repealed and the 5o of this article becomes 4o.
The last paragraph of article 227-28-1 of the same code is deleted.
VII. – The title of Title XVII of Book IV of the Code of Criminal Procedure is supplemented by the words: “or recourse to the prostitution of minors”.
VIII. – In article 706-34 of the same code, the reference to article 225-10 of the penal code is replaced by a reference to article 225-12-4 of the said code.Article 14

It is inserted, after the third paragraph of Article 227-23 of the Penal Code, a paragraph worded as follows:
“Possessing such an image or representation is punished by two years’ imprisonment and a fine of 30,000 Euros. “Article 15

After the first paragraph of Article 35 of Law No. 98-468 of 17 June 1998 on the prevention and punishment of sexual offenses and the protection of minors, a paragraph is inserted as follows:
“The mention of the prohibition resulting from the first paragraph of article 34 is also inserted in the document itself, whatever its medium. In addition, when the document is of a pornographic nature, a reminder of the provisions of article 227-22 of the penal code is also inserted. “Article 16

In the first paragraph of article 227-9 of the penal code, the words: “are punished by two years ‘imprisonment and a fine of 30,000 Euros” are replaced by the words: “are punished by three years’ imprisonment. imprisonment and a fine of 45,000 Euros ”.Article 17

I. – Article 35 quater of ordinance no 45-2658 of 2 November 1945 relating to the conditions of entry and stay of foreigners in France is thus amended:
1o After the second paragraph of I, two paragraphs are inserted as follows: drafted:
“In the absence of a legal representative accompanying the minor, the public prosecutor, notified as soon as a minor enters a waiting zone in application of the provisions of II, immediately appoints an administrator ad hoc. The ad hoc administrator assists the minor during his stay in the waiting zone and ensures his representation in all administrative and judicial procedures relating to this maintenance.
“The ad hoc administrator appointed in application of these provisions is appointed by the competent public prosecutor from a list of legal or natural persons whose terms of incorporation are set by decree of the Council of State. This decree also specifies the conditions of their compensation. “;
2o After the fourth sentence of the first paragraph of III, a sentence worded as follows is inserted:
“The minor is assisted by a lawyer chosen by the ad hoc administrator or, failing that, officially appointed. “;
3o At the beginning of the fifth sentence of the first paragraph of III, the words: “He may also request” are replaced by the words: “The foreigner or, in the case of the minor mentioned in the third paragraph of I, the administrator ad hoc may also request ”;
4o The first paragraph of V is completed by a sentence worded as follows:
“Any ad hoc administrator appointed in application of the provisions of the third paragraph of I must, while the minor he is assisting is kept in the waiting zone, surrender on the spot. “;
5o It is completed by an IX worded as follows:
“IX. – The ad hoc administrator appointed in application of the provisions of the third paragraph of I also ensures the representation of the minor in all administrative and judicial procedures relating to his entry into the national territory. ”
II. – After article 12 of law no.52-893 of July 25, 1952 relating to the right of asylum, an article 12-1 is inserted as follows:
“Art. 12-1. – When the request for recognition of refugee status is made by a minor without a legal representative on French territory, the public prosecutor, advised by the administrative authority, appoints an ad hoc administrator. The ad hoc administrator assists the minor and ensures his representation within the framework of administrative and judicial procedures relating to the application for recognition of refugee status.
“The ad hoc administrator appointed in application of these provisions is appointed by the competent public prosecutor from a list of legal or natural persons whose terms of incorporation are set by decree of the Council of State. This decree also specifies the conditions of their compensation.
“The mission of the ad hoc administrator ends as soon as a guardianship measure is pronounced. “Article 18

After the words: “of the same code”, the end of the third phrase of the first paragraph of 2o of II of article 156 of the general tax code reads as follows: “in the event of legal separation or divorce, or in the event of legal separation or divorce proceedings and when the spouse is subject to separate taxation, the alimony paid by virtue of a court decision and in the event of an amicable review of these pensions, the amount actually paid under the conditions set by Articles 208 and 371-2 of the Civil Code; “.Article 19

I. – Articles 62, 75, 368, 372-2, 373-3, 374-1, 388-1, 388-2, 389 to 389-5 of the Civil Code and the provisions of V of Article 8 of this law is applicable to Mayotte.
The provisions of V of article 8 are applicable in the Wallis and Futuna Islands, in French Polynesia and in New Caledonia.
II. – The provisions of Articles 13 to 15 are applicable in the Wallis and Futuna Islands, in French Polynesia and in New Caledonia.
III. – The provisions of article 17 are applicable in New Caledonia. The provisions of II of article 17 are applicable to Mayotte, the Wallis and Futuna Islands and French Polynesia.
IV. – A. – Article 50 of Ordinance No. 2000-371 of April 26, 2000 relating to the conditions of entry and stay of foreigners in the Wallis and Futuna Islands is thus amended:
1o After the second paragraph of I, are inserted two paragraphs thus worded:
“In the absence of a legal representative accompanying the minor, the public prosecutor, notified as soon as a minor enters the waiting zone in application of the provisions of II, appoints him without delay an ad hoc administrator. The ad hoc administrator assists the minor during his stay in the waiting zone and ensures his representation in all administrative and judicial procedures relating to this maintenance.
“The ad hoc administrator appointed in application of these provisions is appointed by the public prosecutor from a list of legal or natural persons whose terms of incorporation are set by decree of the Council of State. This decree also specifies the conditions of their compensation. “;
2o After the fourth sentence of the first paragraph of III, a sentence worded as follows is inserted: “The minor is assisted by a lawyer chosen by the ad hoc administrator or, failing that, officially appointed. “;
3o At the beginning of the fifth sentence of the first paragraph of III, the words: “He may also request” are replaced by the words: “The foreigner or, in the case of the minor mentioned in the third paragraph of I, the administrator ad hoc may also request ”;
4o The first paragraph of V and completed by a sentence worded as follows:
“Any ad hoc administrator appointed in application of the provisions of the third paragraph of I must, while the minor he is assisting is kept in the waiting zone, surrender on the spot. “;
5o It is completed by an IX worded as follows:
“IX. – The ad hoc administrator appointed in application of the provisions of the third and fourth paragraphs of I also ensures the representation of the minor in all administrative and judicial procedures relating to his entry into the national territory. ”
B. – Article 52 of Ordinance No. 2000-372 of April 26, 2000 relating to the conditions of entry and stay of foreigners in French Polynesia is thus amended:
1o After the second paragraph of I, two paragraphs are inserted as follows:
“In the absence of a legal representative accompanying the minor, the public prosecutor, notified as soon as a minor enters the waiting zone in application of the provisions of II, appoints an ad hoc administrator without delay. The ad hoc administrator assists the minor during his stay in the waiting zone and ensures his representation in all administrative and judicial procedures relating to this maintenance.
“The ad hoc administrator appointed in application of these provisions is appointed by the public prosecutor from a list of legal or natural persons whose terms of incorporation are set by decree of the Council of State. This decree also specifies the conditions of their compensation. “;
2o After the fourth sentence of the first paragraph of III, a sentence worded as follows is inserted:
“The minor is assisted by a lawyer chosen by the ad hoc administrator or, failing that, officially appointed. “;
3o At the beginning of the fifth sentence of the first paragraph of III, the words: “He may also request” are replaced by the words: “The foreigner or, in the case of the minor mentioned in the third paragraph of I, the administrator ad hoc may also request ”;
4o The first paragraph of V is completed by a sentence worded as follows:
“Any ad hoc administrator appointed in application of the provisions of the third paragraph of I must, while the minor he is assisting is kept in the waiting zone, surrender on the spot. “;

“IX. – The ad hoc administrator appointed in application of the provisions of the third and fourth paragraphs of I also ensures the representation of the minor in all administrative and judicial procedures relating to his entry into the national territory. »
C. – Article 50 of Ordinance No. 2000-373 of April 26, 2000 relating to the conditions of entry and stay of foreigners in Mayotte is thus amended:
1o After the second paragraph of I, two paragraphs are inserted as follows: written:
“In the absence of a legal representative accompanying the minor, the public prosecutor, notified as soon as a minor enters a waiting zone in application of the provisions of II, appoints him without delay an ad hoc administrator. The ad hoc administrator assists the minor during his stay in the waiting zone and ensures his representation in all administrative and judicial procedures relating to this maintenance.
“The ad hoc administrator appointed in application of these provisions is appointed by the public prosecutor from a list of legal or natural persons whose terms of incorporation are set by decree of the Council of State. This decree also specifies the conditions of their compensation. “;
2o After the fourth sentence of the first paragraph of III, a sentence worded as follows is inserted:
“The minor is assisted by a lawyer chosen by the ad hoc administrator or, failing that, officially appointed. “;
3o At the beginning of the fifth sentence of the first paragraph of III, the words: “He may also request” are replaced by the words: “The foreigner or, in the case of the minor mentioned in the third paragraph of I, the administrator ad hoc may also request ”;
4o The first paragraph of V is completed by a sentence worded as follows:
“Any ad hoc administrator appointed in application of the provisions of the third paragraph of I must, while the minor he is assisting is kept in the waiting zone, surrender on the spot. “;

“IX. – The ad hoc administrator appointed in application of the provisions of the third and fourth paragraphs of I also ensures the representation of the minor in all administrative and judicial procedures relating to his entry into the national territory. ”
V. – The code of judicial organization is thus amended:
1o In article L. 931-2, the words:” and III “are replaced by the words:”, III and VI “;
2o In article L. 942-7, the words: “and III” are replaced by the words: “, III and VI”;
3o After article L. 931-7, an article L. 931-7-1 is inserted as follows:
“Art. L. 931-7-1. – The provisions of Article L. 312-1-1 are applicable in New Caledonia, French Polynesia and the Wallis and Futuna Islands.Article 20

Title II of Book II of the Code of Judicial Organization is supplemented by Chapter VI entitled: “Special provisions relating to the civil aspects of international child abduction”, comprising an article L. 226-1 thus worded:
“Art . L. 226-1. – The magistrate referred to in the first paragraph of Article L. 223-2 or his replacement designated in accordance with the second paragraph of the same article sits on the formation of the Court of Appeal which rules on appeals against decisions rendered at first instance on the basis of the provisions of international and community instruments relating to the international illicit transfer of children.
“The magistrate of the general public prosecutor’s office referred to in the third paragraph of article L. 223-2 is also responsible for handling cases of international displacement of children. “Article 21

After article L. 312-1 of the code of judicial organization, an article L. 312-1-1 is inserted as follows:
“Art. L. 312-1-1. – The seat and jurisdiction of the high courts competent to hear actions initiated on the basis of the provisions of international and community instruments relating to the international illicit transfer of children are set by decree of the Council of State.
“There is only one competent court per court of appeal. ”
This law will be enforced as a law of the state.

Done in Paris, March 4, 2002.

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