Guardianship of a minor
Verified 23 August 2022 - Directorate for Legal and Administrative Information (Prime Minister)
Guardianship of a minor is a legal protection measure by which another person helps him to protect his interests. It is open when the holders of parental authority (his parents) can no longer exercise it. In this case, the judge establishes a family council that appoints a guardian and a subrogate guardian.
A minor child shall be placed under guardianship in the following cases:
- His two parents died
- His parents are both subject to a withdrawal of parental authority
- He has no father or mother
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:
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.
Who shall I contact
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.
the guardian may also refer the case to the guardianship judge for the convening of the family council. The judge may thus ask him to deliberate, inter alia, on the maintenance and education of the minor and the management of his property.
You can apply using the following form:
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.
Who shall I contact
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.
if no one can provide guardianship, it is entrusted to the department's services. Guardianship is then exercised without family council or guardian subrogate.
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.
The guardian is responsible for ensuring the protection of the minor (he exercises parental authority on the child, represents the child in the exercise of his or her civil rights) or to look after his or her property (managing his or her money) or 2.
There may be several guardians.
The guardian must obtain the agreement of the subrogate guardian and the family council for the acts of disposition (e.g. sale of real estate).
Guardianship is established and monitored by the juvenile guardianship judge.
Over 16 years
On simple request to the judge, the minor can obtain a meeting of the family council. For example: to express his opinion on decisions that concern him.
The request must be made by mail (simple).
The minor may attend the meetings of the Council in an advisory capacity, unless the judge considers his or her presence to be contrary to his or her interests.
At his request and if he is capable of discernment (ability to understand a situation), and unless the judge gives a reasoned (explained) contrary opinion, the minor may obtain a meeting of the family council. For example: to express his opinion on decisions that concern him.
He may attend the meetings of the Council in an advisory capacity, unless the judge considers that his presence would be contrary to his interests.
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.
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.
Who can help me?
Find who can answer your questions in your region
- Civil Code: Articles 390 to 393Cases of opening and ending of guardianship
- Civil Code: Articles 394 to 397Guardianship charges
- Civil Code: Articles 398 to 402Family Council
- Civil Code: Articles 403 to 408-1Choice of guardian
- Civil Code: Articles 409 to 410The subrogate guardian
- Civil Code: Article 411Guardianship by the public authority responsible for child welfare
- Code of Civil Procedure: Articles 1234 to 1235Family Council Meeting
- Decree No. 2008-1484 of 22 December 2008 on the acts of management of the assets of persons placed in guardianship or guardianship
- Legal protection (guardianship, guardianship...)Service-Public.fr