Paragraph 5: Vacancy of guardianship

Guardianship is declared vacant if it is impossible to set up guardianship with a family council or to admit the child as a ward of the State. In this case, the guardianship judge refers it to the public authority with jurisdiction over child welfare. The guardianship then has neither a family council nor a subrogated guardian. The guardianship is lifted as soon as the child becomes a ward of the…

The guardianship judge and the public prosecutor exercise general supervision over guardianship within their jurisdiction. The guardians and other guardianship bodies are obliged to comply with their summons and to provide them with any information they require. The judge may issue injunctions against them and impose the civil fine provided for in the Code of Civil Procedure on those who fail to comply.