FRANCE Law and Practice Contributed by: Véronique Chauveau, Morghân Peltier, Romane Lemaitre and Agathe Wehbé, Chauveau Mulon & Associés
3. Child Abduction 3.1 Legality
In general, France applies the 1980 Hague Conven - tion rigorously, even if the interpretation of certain concepts is sometimes at odds with the objective of the Convention. For a while, France applied the grave risk exception in Article 13 (b) more flexibly. For some years now, its interpretation has become strict - er. The difficulties in France relate to the time taken by the courts and the enforcement of return orders. In France, the enforcement of return orders depends on the Public Prosecutor of the court that issued the return order. If the child has been taken to a country that is not a signatory to the 1980 Hague Convention, the parent of the abducted child should contact the French Cen - tral Authority of the Ministry of Justice, which handles abductions with certain countries that are not signa - tories to the Convention. They will refer the parent to the central authority of the Ministry of Foreign Affairs if necessary. It is also necessary to check whether the refusing state is linked to France by a bilateral agreement on child abduction and to follow the proce - dures laid down in the agreement (eg, Algeria, Tunisia, Morocco, Lebanon, Egypt). If France has not signed an international agreement with the state of refuge, the French judge will tend to refuse to return the child. Regarding the cost of return proceedings under the 1980 Hague Convention, engaging the services of a lawyer is not compulsory for return proceedings but is strongly recommended. It is possible to apply for legal aid from the competent court (there are, however, resi - dence and income conditions in France). If the parent is not eligible to apply for legal aid, everything will depend on the law firm chosen and the fees charged. In principle, legal proceedings take six weeks, but in practice they take three or even four months at first instance, depending on the court, from the date of the application. 3.4 Non-Hague Convention Countries France is a signatory to the Hague Convention.
In France, it is illegal to remove a child from the French jurisdiction without the consent of the parents or, where appropriate, an order from the judge. 3.2 Steps Taken to Return Abducted Children In civil cases, the matter can be referred to the central authority of the Ministry of Justice (DEDIPE), which deals with child abduction abroad and is designat - ed by the 1980 Hague Convention. If the country to which the child has been abducted is not a signatory to the 1980 Hague Convention, either this authority or the Ministry of Foreign Affairs will deal with the case, depending on the country of refuge. Next, according to the central authority, the left-behind parent will need to submit a request for the child to be returned to their country of origin. A lawyer is not mandatory but is strongly recommended in order to facilitate the preparation of the case file and obtain a faster return. There are then two possibilities: (i) there is a voluntary return (through mediation offered by the Ministry or through lawyers); or (ii) the parent refuses to return the child, in which case the matter will be referred to the court. Under criminal law, it is possible to file a complaint for child abduction. Filing a criminal claim is not rec - ommended when the 1980 Hague Convention is also used, in order not to set any obstacle to the return of the abducting parent with the child. 3.3 Hague Convention on the Civil Aspects of International Child Abduction France is a signatory to the Hague Convention of 25 October 1980. The French central authority provides information and statistics relating to its application. The French central authority often provides free legal advice on the steps to be taken. However, this advice is limited, so a specialist lawyer or associations will need to be contacted. There are also freephone num - bers for child abduction, giving advice on what to do (116000).
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