Paragraph 2: The family council

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….

The family council is chaired by the guardianship judge. Its deliberations are adopted by a vote of its members. However, the guardian or subrogated guardian, in the event that he replaces the guardian, does not vote. In the event of a tie, the judge has the casting vote.

The family council settles the general conditions for the maintenance and education of the minor, having regard to the wishes that the father and mother may have expressed. It assesses the compensation that may be allocated to the tutor. He takes the decisions and gives the tutor the authorisations necessary for the management of the minor’s property in accordance with the provisions of Title XII. The family council authorises a…

The deliberations of the family council are null and void where they have been surprised by fraud or deceit or where substantial formalities have been omitted. Nullity is covered by a new deliberation valid as confirmation according to article 1182. An action for nullity may be brought by the tutor, the subrogated tutor, the other members of the family council and the public prosecutor within two years of the deliberation,…