Subsection 3: The family council

The family council is convened by the guardianship judge. It is convened as of right if requested: 1° Either by two of its members; 2° Either by the tutor or subrogated tutor; 3° Or by the minor himself aged sixteen or over; 4° Or by the protected adult. The family council is also convened at the request of the minor who is under sixteen years of age and capable of…

The notice of meeting shall be sent at least eight days before the date of the meeting.

The members of the family council are required to attend the meeting in person. Those who, without a legitimate excuse, fail to attend may have their tutelary office withdrawn by application of the provisions of Article 396 of the Civil Code.

The family council may only deliberate if at least half of its members are present. If this number is not reached, the judge may either adjourn the meeting or take the decision himself in an emergency.

If the guardianship judge considers that the council can vote on a deliberation without the need for a meeting to be held, he shall send each of the council members the text of the corresponding deliberation, attaching any useful clarifications. Each member casts his vote within the time limit and in the manner specified by the judge; failure to do so may result in his guardianship being withdrawn by application…

Any decision of the Family Council is taken by a simple majority of the votes cast.

Family council meetings are not public. Members of the family council are bound by an obligation of secrecy towards third parties.

Unless the judge considers it contrary to their interests, the minor or protected adult may attend the council meeting, but only in an advisory capacity.

The deliberations of the Family Council shall state the reasons on which they are based. Whenever it is not taken unanimously, the opinion of each of its members is mentioned in the minutes.