Section 4: Total or partial withdrawal of parental authority and withdrawal of the exercise of parental authority

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Article 378-1

French Civil CodeIn force

Updated 8 Nov 2023

Parental authority may be totally withdrawn, regardless of any criminal conviction, from fathers and mothers who, either through ill-treatment, habitual and excessive consumption of alcoholic beverages or use of narcotics, or notorious misconduct or criminal behaviour, in particular when the child witnesses physical or psychological pressure or violence exerted by one of the parents on the other, or by a lack of care or direction, clearly endanger the child's safety, health or morals.

Parental authority may likewise be totally withdrawn, when an educational assistance measure had been taken in respect of the child, from fathers and mothers who, for more than two years, have voluntarily refrained from exercising the rights and fulfilling the duties conferred on them by article 375-7.

The action for total withdrawal of parental authority is brought before the judicial court, either by the public prosecutor, or by a family member or the child's guardian, or by the departmental child welfare service to which the child is entrusted.

Mariela Petrova

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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

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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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