Section I: Exercise of parental authority over the person of the child

Articles in this section · 9

11791179-111801180-11180-21180-31180-41180-51180-5-1

Article 1180-4

French Code of civil procedureIn force
Ask for lawyer reviewed or certified translation

Updated 7 Nov 2023

I.-The departure from French territory of a minor who is the subject of a measure taken by the family affairs judge pursuant to article 373-2-6 of the Civil Code, of a ban on leaving the country without the authorisation of both parents, is subject to obtaining the agreement of each of the parents in accordance with the procedures set out in II, III and IV of this article.

II.-Each of the two parents, jointly or separately, declares before a judicial police officer or, under the latter's supervision, before a judicial police officer, that they authorise the child to leave the country, specifying the period during which the child is authorised to leave and the destination of the trip. This declaration shall be made no later than five days before the date on which the minor's departure from the territory is planned, except if the planned departure from the territory is motivated by the death of a member of the minor's family or in the case of duly justified exceptional circumstances.

When the declaration is made, the officer or agent of the judicial police verifies the identity of the declarant(s) and their status as parents of the child.

A report is drawn up and signed by the officer or agent of the judicial police and the declaring parent or parents. A receipt is given to each reporting parent.

The officer or agent of the judicial police forwards the report to the public prosecutor for information. He or she shall immediately communicate the relevant information to the manager of the wanted persons file so that this service can proceed with the registration of the authorisation in this file.

III.-The provisions of II do not apply when the minor is travelling in the company of both parents.

IV.-When the minor is travelling in the company of only one of his or her parents, the procedure set out in II does not apply to obtaining the authorisation of the parent accompanying the minor when he or she leaves the country. The authorisation of the other parent is obtained prior to the minor leaving the country, in accordance with the procedure laid down in II.

Mariela Petrova

Need help applying this article to your situation?

A registered French Lawyer explains what applies to your business — in English, fixed fee.

within 48h

Fixed Fee

Talk to a lawyer
Previous articleArticle 1180-3Next articleArticle 1180-5
Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

English · French · Russian

Ready When You Are

Talk To A Corporate
Lawyer In France.

A 20–30 minute call, in English, to scope the engagement. No obligation, no preliminary fee. You will leave the call with a clear view of what the work will cover and what it will cost.

Talk To A Corporate Lawyer+33 1 84 88 31 00
First EngagementFixed Fee

Talk to a French lawyer.

Reply within 24 hours.

Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

Continue Reading

Related corporate services in France

01 / Setup

Setting up a French company

Choose between SAS, SARL, SA or SCI — and structure your first French entity around how you actually plan to operate.

Read More
02 / Operating

French commercial contracts

Distribution, agency, supply, services and IP licences — drafted around the protections French law actually gives.

Read More
03 / Disputes

Business disputes & litigation

Shareholder conflicts, commercial breaches and pre-litigation strategy — handled by the same team that knows the file.

Read More