Paragraph 4: Involvement of third parties

The judge may, by way of exception and if the interests of the child so require, in particular where one of the parents is deprived of the exercise of parental authority, decide to entrust the child to a third party, preferably chosen from among the child’s relatives. The matter shall be referred to and decided in accordance with articles 373-2-8 and 373-2-11. In exceptional circumstances, the family court judge who…

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.