Guardianship is established when both the father and mother are deceased or are deprived of the exercise of parental authority. It is also established in respect of a child whose parentage has not been legally established. There is no derogation from the specific laws governing the child welfare service. .
In the case of legal administration, the guardianship judge may, at any time and for serious cause, either ex officio or at the request of relatives or allies or the public prosecutor, decide to open guardianship after hearing or calling, except in an emergency, the legal administrator. The latter may not carry out any act of disposal from the time of the application until the final judgment except in an…
If a child is recognised by either parent after guardianship has been opened, the guardianship judge may, at the request of that parent, decide to substitute legal administration for guardianship.
Without prejudice to the provisions of Article 392, guardianship ends when the minor becomes emancipated or reaches majority. It is also terminated in the event of a final discharge judgment or the death of the person concerned.
Guardianship, the protection owed to children, is a public charge. It is a duty of families and the public community.
Not entitled to exercise the various offices of guardianship: 1° Unemancipated minors, unless they are the father or mother of the minor under guardianship; 2° Adults who benefit from a legal protection measure provided for by this code; 3° Persons from whom parental authority has been withdrawn; 4° Persons from whom the exercise of guardianship charges has been prohibited pursuant to article 131-26 of the Penal Code.
Any tutelary office may be withdrawn because of the unfitness, negligence, misconduct or fraud of the person to whom it has been entrusted. The same applies where a dispute or conflict of interests prevents the holder of the office from exercising it in the interests of the minor. Any person to whom a tutelary office has been entrusted may be replaced in the event of a significant change in his…
The family council rules on impediments, withdrawals and replacements that concern the tutor and subrogated tutor. The guardianship judge rules on those that concern the other members of the family council. A tutelary office may only be withdrawn, by the person who entrusted it, after the holder has been heard or called. The judge may, if he considers that there is an emergency, prescribe provisional measures in the interest of…
Even in the presence of a testamentary guardian and unless there is a vacancy, guardianship is organised with a family council.
The guardianship judge appoints the members of the family council for the duration of the guardianship. The family council is made up of at least four members, including the guardian and the subrogated guardian, but not the judge. Members of the family council may include the parents and relatives of the minor’s father and mother and any person, resident in France or abroad, who shows an interest in the minor….
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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