ABANDONMENT DECLARATION
LexInter | January 21, 2008 | 0 Comments

ABANDONMENT DECLARATION

Article 1158

(inserted by Decree n ° 81-500 of May 12, 1981 art. 5 and 52 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 in force on January 1, 1982)
The request for a declaration of abandonment is brought before the tribunal de grande instance of the place where the child lives; when it emanates from the child welfare service, it is brought before the tribunal de grande instance of the capital of the department in which the child was taken in.

Article 1159

(inserted by Decree n ° 81-500 of May 12, 1981 art. 5 and 52 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 in force on January 1, 1982)
The body obeys the rules of procedure in contentious matters.

Article 1160

(Decree n ° 81-500 of May 12, 1981 art. 5 and 52 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 in force on January 1, 1982) 
(Decree n ° 82-716 of August 10, 1982 art. 1 Official Journal of August 17, 1982)
(Decree n ° 84-618 of July 13, 1984 art. 24 and 31 Official Journal of July 18, 1984 corrigendum JORF August 18, 1984 in force on October 1, 1984)
(Decree n ° 2004-836 of August 20, 2004 art. 52 I Official Journal of August 22, 2004 in force on January 1, 2005)
The request is made by request delivered to the registry.
It can also be formed by a simple request from the applicant himself, delivered to the public prosecutor, who must send it to the court.
The registrar summons the interested parties by registered letter with acknowledgment of receipt.

Article 1161

(Decree n ° 81-500 of May 12, 1981 art. 5 and 52 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 in force on January 1, 1982) 
(Decree n ° 82-716 of August 10, 1982 art. 1 Official Journal of August 17, 1982) 
(Decree n ° 84-618 of July 13, 1984 art. 25 and 31 Official Journal of July 18, 1984 corrigendum JORF August 18, 1984 in force on October 1, 1984)

The case is investigated and debated in the council chamber in the presence of the applicant, after consultation with the public prosecutor. The ministry of lawyer is not obligatory.
The parents or guardian are heard or called. In the event that these have disappeared, the court can carry out a search in the interest of the families; he then suspends the decision for a period not exceeding six months.
The judgment is pronounced in public hearing. It is notified by the clerk to the applicant, to the parents and, where applicable, to the guardian.

Article 1162

(inserted by Decree n ° 81-500 of May 12, 1981 art. 5 and 52 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 in force on January 1, 1982)

If necessary, the court rules, in the same form and by the same judgment, on the delegation of parental authority.

Article 1163

(Decree n ° 81-500 of May 12, 1981 art. 5 and 52 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 in force on January 1, 1982) 
(Decree n ° 84-618 of July 13, 1984, art. 26 and 31 Official Journal of July 18, 1984, amendment August 18, 1984 in force on October 1, 1984)

The appeal is made according to the rules of procedure without compulsory representation. He is instructed and judged according to the rules applicable at first instance.
The remedies are open to persons to whom the judgment has been notified as well as to the public prosecutor.

Article 1164

(inserted by Decree n ° 81-500 of May 12, 1981 art. 5 and 52 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 in force on January 1, 1982)
   Requests for the return of the child are subject to the provisions of this chapter.

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