The father and mother, together or separately, may, where circumstances so require, apply to the judge to have all or part of the exercise of their parental authority delegated to a third party, a family member, a trustworthy relative, an establishment approved to take in children or a departmental child welfare service.
In the event of manifest disinterest or if the parents are unable to exercise all or part of their parental authority, or if one parent is prosecuted or convicted for a crime committed against the other parent resulting in the death of the latter, the private individual, establishment or departmental child welfare service that has taken in the child or a family member may also apply to the judge for full or partial delegation of the exercise of parental authority.
In the latter case, the matter may also be referred to the judge by the public prosecutor, with the agreement of the third party applying for total or partial delegation of the exercise of parental authority, in order to rule on the said delegation. Where applicable, the Public Prosecutor’s Office is informed by transmission of a copy of the case file by the children’s judge or by notice from the latter.
In all the cases referred to in this article, both parents must be called to the proceedings. Where the child concerned is the subject of an educational assistance measure, the delegation may only take place after receiving the opinion of the children’s judge.