An adult, even under a legal protection measure, freely chooses to have personal relations with a third party (parent or not). In case of difficulty, the judge intervenes and may refuse to maintain links in the interests of the protected person. This was recalled by the First Civil Chamber of the Court of Cassation in a judgment of 24 June 2020.
A guardianship sister is psychically destabilized when she comes into contact with her brother. This happens when the latter visits her in the establishment where she resides or calls her. The guardian of this woman, a judicial agent for the protection of adults, applies to the guardianship judge to request the prohibition of visits by the brother. The magistrate granted his request. His decision is upheld by the Court of Appeal.
The Court of Cassation confirms the ruling of this Court of Appeal. The supervision of visits or telephone contacts is impossible due to the intrusive behavior of the brother. It is therefore necessary, in the interests of the protected adult, to break the family link completely pending a change.
