(st civil Chamber twenty January, appeal n°, Legifrance)
The Law n°- of the twelve may on simplification and clarification of law and lightening of procedures, modified the powers of the Judge for family affairs (JAF), which are currently defined by article L- of the Code of judicial organisation. statue'a single judge' on the merits or in summary proceedings, in particular on the affairs of divorce and legal separation, matters relating to the fixing of support obligations, matters related to the exercise of parental authority, the affairs relating to the change of name of natural children, disputes arising from property relations between spouses, between people pacsées, or in joint ownershipThe new article L- entrusts him with the business knowledge related to the emancipation of the statutory administration and of guardianship of minors and guardianship of the wards of the nation.
The functions that he exercises as a judge of summary proceedings are not reserved to some dispute: he knows in case of emergency, all measures that justifies the existence of a different kind, that it should order interim measures of protection or reclamation required to prevent imminent damage or to put an end to a manifestly unlawful.
In all cases, the family court judge is to rule on matters that are submitted to it, with special attention to the backup the interests of minor children. The appellate judges, which have been shown to the family court judge who ruled by order under the provisional measures, have not appreciated nor on the same facts, or the same requests as those which have been submitted to the latter so that the husband cannot claim that on appeal it was ruled out that this judge may sit in the Court of appeal to the effect to know the respective claims of the spouses regarding the divorce is final and the claim for a compensatory allowance made by the wife. Refer to the note of Mrs Virginie Larribau-Terneyre referenced in the Bibliography below. As a guardianship judge he knows of the safeguarding justice, guardianship, supervision of major and the accompanying judicial actions relating to the exercise of the mandate for future protection of the major, of claims by a spouse, when their spouse is out of state to express his her will, for the purposes to be allowed to spend alone an act for which the assistance or consent of the latter would be needed, or for the purposes of being entitled to represent It also has jurisdiction in relation to the presumption of absence. Unless otherwise specified, the requests are filed, heard and determined in the council Room. On the other hand, the First Chamber of the Court of cassation has held that if according to the article - of the code of civil procedure, the application for the purposes of obtaining the return of the child, in application of the convention of the twenty-five October on the civil aspects of international child abduction, is formed, heard and decided in chambers, the decision on this request is not enforceable as of right by provisions and the return decision acting not at the bottom, on the exercise of parental authority, article - of the code of civil procedure is not applicable.
When it is seized of an application for protection on the basis of articles - and - of the civil code, the family court judge may not order that the measures, which are exhaustively set out in article.
The appeal of an order of protection issued by a family court judge, at the request of the husband, the Court of appeal which condemned him to pay damages for having caused abuse of the forced hospitalization of his wife, has exceeded his powers and violated the text referred to above. (st civil Chamber thirteen July, appeal n°, BICC no of February, and Legifrance). In the case of appeal against a judgment rendered by the guardianship judge had ruled in a case concerning the guardianship of an adult, the formation of a judgment of the Court of appeal is presided over by a magistrate, who takes the name of the Delegate to the protection of adults. This magistrate is appointed in each Court of appeals by the First president.
