Child protection in France and cross-border challenges: interpreting and applying the 1996 Hague Convention

This article analyses the French framework for child protection and the manner in which French courts apply the Hague Convention of 19 October 1996 on jurisdiction, applicable law, recognition, enforcement and co-operation in respect of parental responsibility and measures for the protection of children. The first part provides an overview of domestic law, in its public and private law dimensions, marked by the transition from a model traditionally oriented towards supporting parenthood to one increasingly centred on the child’s stability and safety. It highlights the progress achieved while drawing attention to the persistent weaknesses of the French system. The second part examines French case law on the 1996 Convention. The limited body of litigation focuses mainly on its temporal, territorial and material scope. This scarcity reflects a generally smooth implementation of the instrument by the lower courts. The article concludes that, even within a comprehensive normative framework, there remains room for improvement in ensuring the effectiveness of child protection. The challenge now lies in guaranteeing the concrete and day-to-day application of the child’s best interests domestically, and in promoting a more systematic use of the Convention’s mechanisms by the trial courts so as to strengthen the coherence of child protection beyond national borders.