Guardianship of a minor

When can I ask the judge to set up a guardianship?

You can request the opening of a guardianship in the following cases:

• The minor's two parents died
• The 2 parents of the minor are not able to look after him

How do I apply?

The request can be made on free paper or using the cerfa form n°15457:

Request for the initiation of a guardianship measure for a minor: request to the guardianship judge

To be eligible, your application must contain the following information:

• Your identity and home
• Surname, forenames, date and place of birth, date and place of death if any, last domicile of the minor's father and mother
• Surname, forenames, date and place of birth, domicile of the minor(s) to be protected
• Identity, domicile and degree of kinship or relationship with the minor of at least 4 persons for the purposes of the composition of the family council

The application must be dated and signed and must be accompanied by all the documents requested in the package leaflet:

• Two-sided (2-sided) copy of the minor's ID
• Full copy less than 3 months old of the minor's birth certificate
• Copy of the minor's family record book (and possibly a copy of the divorce judgment)
• Full copy of the original death certificate of the parents
• Proof of residence of the minor or proof of accommodation of the applicant
• Inventory of assets under private (done by the person) or notarial, justifying the liabilities and assets
• Proof of the paying-in body (if any)
• Copy of the opening of a blocked account for the minor child

You must deposit it or send it, by acknowledgement of receipt, to the registry of the guardianship judge of the court on which the place of residence of the child to be protected depends.

Role of the judge and family council

The judge shall constitute a family council d'at least 4 members, chosen on the basis of the child's interests, where possible ensuring that the 2 branches (paternal and maternal) are represented.

The judge decides to reunite the family council and presides over it.

The Family Council is responsible for regulating the general conditions for the maintenance and upbringing of the minor, in accordance with the wishes of the parents. It shall deliberate by majority vote.

You can apply using the following form:

Application for the summons of a minor's family council

You must deposit it or send it to the registry of the guardianship judge of the court on which the place of residence of the child to be protected depends.

Choice of guardian

The guardian may have been appointed by the last living parent, by will or declaration before a notary.

If this is not the case, the family council shall appoint one or more guardians from among its members. First, they choose an ascendant (grandparents).

If there is no ascendant or relative, the child chooses a distant family member.

In the family council, the guardian does not vote.

Choice and role of subrogate guardian

The family council must choose a subrogate guardian. If the guardian has been chosen from among the members of one of the branches of the minor's family, the subrogate guardian is if possible chosen from the other branch.

He is responsible for overseeing the guardian's management and representing the minor if his interests are in opposition to those of the guardian.

If he finds fault in the guardian's management, he must immediately inform the judge of the guardianship of minors.

Cancelation of a decision of the Family Council

A decision of the family council may be challenged by the guardian, the subrogate guardian or the members of the family council within 2 years

• this deliberation
• or the discovery of the fraudulent acts that enabled this deliberation.

Legal action

Within 5 years of his/her majority, the adult placed under guardianship during his/her minority may bring legal action against the guardianship bodies (judge, registrar, family council).

Such action may be taken if he considers them liable for damage resulting from any misconduct committed in the performance of their duties.