Subsection 4: The appeal.

Unless otherwise provided, the decisions of the guardianship judge and the deliberations of the family council may be appealed. Without prejudice to the provisions of articles 1239-1 to 1239-3, the appeal is open to the persons listed in articles 430 and 494-1 of the Civil Code, even if they did not intervene in the proceedings. The time limit for appeal is fifteen days. The parties are not required to constitute…

As part of the amicable division provided for in article 507 of the Civil Code, an appeal against a deliberation of the family council or a decision of the guardianship judge is open to the guardian, the members of the family council and the other parties interested in the division.

An appeal against a judgment refusing to grant a protective measure in respect of a person of full age is only open to the applicant.

Without prejudice to the provisions of article 1239-1, an appeal against a deliberation of the family council is open to all its members and to the guardianship judge, regardless of their opinion at the time of the deliberation.

The public prosecutor may lodge an appeal until the expiry of a period of fifteen days following delivery of the notice given to him of the deliberation made or the decision given.

The time limit for appealing against judgments ruling on a protective measure with regard to a person of full age runs: 1° With regard to the protected person of full age, from the notification provided for in Article 1230-1; 2° With regard to persons to whom the judgment must be notified, from the date of such notification; 3° With regard to other persons, from the date of the judgment.

The time limit for appealing against orders made by the guardianship judge shall run: 1° In respect of persons to whom the order must be notified, from the date of such notification; 2° In respect of other persons, from the date of the order.

The time limit for appealing against a deliberation of the family council runs from the date of that deliberation, except in the case of article 1234-4 where it runs against the members of the family council only from the day on which they were notified of the deliberation. .

An appeal is lodged by declaration made or sent by registered letter with acknowledgement of receipt to the registry of the court of first instance. The clerk registers the appeal on its date; he issues or sends by simple letter, a receipt for the declaration. He shall forward a copy of the file to the court without delay.

When the appeal is lodged by the guardianship judge, he or she shall attach to the file a note setting out the grounds for his or her appeal.