Paragraph 1: Trusteeship charges

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who benefit from a legal protection measure provided for by this code; 3° Persons from whom parental authority has been withdrawn; 4° Persons from whom the exercise of guardianship charges has been prohibited pursuant to article 131-26 of the Penal Code.

Any tutelary office may be withdrawn because of the unfitness, negligence, misconduct or fraud of the person to whom it has been entrusted.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 A tutelary office may only be withdrawn, by the person who entrusted it, after the holder has been heard or called.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…