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Gaëtan EscudeyLawyer & Mediator · Paris Bar

Questions and guides

Can my child be heard by the judge?

Yes. In proceedings affecting them, a child capable of forming their own views may be heard by the judge or a person appointed by the judge (Article 388-1 of the Civil Code). A hearing is a right when the child requests it. The judge checks that the child was informed of their right to be heard and assisted by a lawyer.

The child is not a party to the proceedings and does not decide: their feelings are one factor among others considered by the judge (Article 373-2-11).

In international cases, hearing the child also affects recognition. Within the EU, a child capable of forming their own views must have had a genuine and effective opportunity to express them (Brussels II ter Regulation, Article 21). Otherwise recognition in another Member State may be refused (Article 39).

Divorce by mutual consent without a judge is unavailable if a minor child, informed of their right, asks to be heard by the judge (Article 229-2 of the Civil Code).

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