Section 2: Educational assistance

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Article 375-5

French Civil CodeIn force
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Updated 8 Nov 2023

On a provisional basis but subject to appeal, the judge may, during the proceedings, either order the provisional surrender of the minor to a reception or observation centre, or take one of the measures provided for in articles 375-3 et 375-4.

In urgent cases, the public prosecutor of the place where the minor was found has the same power, but must refer the matter within eight days to the competent judge, who will maintain, modify or revoke the measure. If the child's situation allows, the public prosecutor will determine the nature and frequency of the parents' right to correspond, visit and stay with the child, unless he or she reserves them if the child's interests so require.

When a child welfare service reports the situation of a minor temporarily or permanently deprived of the protection of his or her family, as the case may be, the public prosecutor or the children's judge shall ask the Ministry of Justice to provide it, for each department, with the information enabling the minor concerned to be referred.

The public prosecutor or juvenile court judge takes his or her decision in strict consideration of the child's interests, which he or she assesses in particular on the basis of the information thus transmitted in order to guarantee suitable reception arrangements.

In urgent cases, where there is serious evidence to suggest that the child is about to leave national territory under conditions that would put him or her in danger and that at least one of the holders of parental authority is not taking steps to protect him or her, the public prosecutor for the place where the minor lives may, by reasoned decision, prohibit the child from leaving the country. Within eight days, the Public Prosecutor shall refer the matter to the competent court, asking it to maintain the measure under the conditions set out in the last paragraph of article 375-7 or to order its removal. The public prosecutor's decision sets the duration of the ban, which may not exceed two months. This ban on leaving the country is entered in the wanted persons file.

Mariela Petrova

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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

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15+ Years In Corporate Practice

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

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