Section 1: Exercise of parental authority

Where the child has been entrusted to a third party, parental authority continues to be exercised by the father and mother; however, the person to whom the child has been entrusted performs all the usual acts relating to the child’s supervision and upbringing. The family affairs judge, in entrusting the child on a provisional basis to a third party, may decide that he will have to request the opening of…

If neither father nor mother is left in a position to exercise parental authority, guardianship shall be opened as stated in article 390 below.

The court ruling on the establishment of parentage may decide to temporarily entrust the child to a third party who will be responsible for requesting the organisation of guardianship.

In all the cases provided for in this Title, guardianship may be opened even if there is no property to be administered. In such cases it is organised in accordance with the rules laid down in Title X.