Parental consensus at the Paris court: seeking agreement before arguing

Since October 2026, the Paris court of first instance (tribunal judiciaire) has been piloting, with the Paris Bar, a parental consensus procedure (procédure de consensus parental) in its family division. I took part in the working group of judges, court clerks and volunteer lawyers that prepared it. Here are the key takeaways.

A hearing to talk before exchanging written arguments

The idea is simple: before exchanging written submissions, the parents and their lawyers meet the judge at an orientation hearing. That time is used either to reach an agreement, full or partial, approved on the spot, or to obtain an adjournment, with interim measures if needed. Points still in dispute are argued at the adjourned hearing.

The morning opens with a group session in which only the judge speaks, setting a framework centered on the child’s best interests. Each case is then called: there is no adversarial argument at this stage, lawyers do not plead, and the judge, the parents and their counsel look for an agreement together.

The procedural basis is Article 21 of the French Code of Civil Procedure, which tasks the judge with determining, together with the parties, the most suitable way to resolve the dispute. The scheme draws on pilots run in particular in Arras, Grenoble, Privas and Lille.

Which cases?

The procedure covers initial applications outside divorce, for example after unmarried parents separate, and applications to vary arrangements after divorce, where dialogue is still possible and there is no emergency. Both lawyers must opt in. Divorces, emergencies and cases involving domestic violence that rules out any face-to-face meeting are excluded.

A new stance for lawyers

Lawyers lose nothing of their role; they transform it. Before the hearing, they assess with the client whether the case is suitable, contact opposing counsel, prepare the client for a hearing built on dialogue rather than confrontation, and draft a non-adversarial application. During the hearing, they facilitate the exchange and check that any agreement is precise before it is signed. Afterwards, they secure the agreement or prepare litigation on the points left open.

Work continues at the Paris Court of Appeal to extend the approach to appeals.

Further reading: the Paris Bar announcement (in French) [link: https://www.avocatparis.org/actualites/lancement-de-lexperimentation-du-consensus-parental-au-tribunal-judiciaire-de-paris].

Key takeaways

1. 1An orientation hearingAgreement approved on the spot, or adjournment with interim measures.
2. 2A clear legal basisArticle 21 of the Code of Civil Procedure.
3. 3Selected casesOutside divorce, with no emergency and no violence ruling out dialogue.
4. 4Both lawyers opt inTheir commitment is key to the process.
5. 5Litigation remains availableUnresolved points are argued at the adjourned hearing.

General information. This account of a talk reflects only my personal opinion and is not legal advice. The cases mentioned are fictional, or inspired by real cases, modified and anonymized.