The order restricting the movement of children of September 10, 2012 sets the necessary provisions for the application of the third paragraph of article 373-2-6 of the civil code, which empowers the family court judge (JAF) to pronounce the ban on removing a child from French territory. territory without the consent of both parents. This prohibition is recorded in the file of persons wanted by the   public prosecutor .

Provisions relating to travel restrictions for children: the decree of September 10, 2012: –

The decree ensures that the JAF registry systematically informs the public prosecutor of all decisions likely to modify the prohibition measure. In addition, it specifies the procedure for obtaining parental authorization to leave the territory when the JAF has issued an exit ban. These provisions, which modify certain aspects of the Code of  Civil Procedure,  entered into force on October 1, 2012.

The purpose of this decree is to safeguard the well-being of the child and to protect his rights in the event of separation or divorce of the parents. By requiring the consent of both parents for international travel, it ensures that any potential risks or disputes are handled appropriately. Systematically reporting to the public prosecutor ensures that the authorities are informed of any changes to the prohibition order, which allows for proper enforcement.

Safeguarding the interests of children: implementing parental consent for international travel: –

In addition, the decree specifies the procedure for obtaining parental authorization when the JAF has issued a travel ban. This ensures that parents wishing to travel with their child can follow the necessary steps to obtain the required authorization, while respecting the court decision on the ban.

By implementing these regulations, the decree aims to establish a clear and consistent framework for dealing with issues related to child custody and international travel. It provides guidance to both the JAF and the prosecutor in the application and monitoring of prohibition measures. Ultimately, the decree aims to promote the best interests of the child and maintain stability in cases of international mobility while taking into account decisions made by the family court.