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Tutelle of a minor

Verified 24 mars 2021 - Legal and Administrative Information Directorate (Prime Minister)

When the holders of parental authority are no longer able to exercise it, guardianship is open for minors. The judge shall appoint a guardian and a subrogate guardian.

A minor child shall be placed under guardianship in the following cases:

  • Both of her parents died
  • Her parents are both subject to withdrawal of parental authority
  • He has no father or mother

Who can take the matter to the judge?

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

  • Both of her parents died
  • His 2 parents can't look after him

Request

The application can be made on free paper or using the cerfa form n°15457.

Application for the introduction of a guardianship measure for a minor: application to court

Cerfa n° 15457*03 - Ministry of Justice

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

  • Your identity and home
  • Name, first names, date and place of birth, date and place of death, if applicable, last domicile of the minor's father and mother
  • Name, given names, date and place of birth, domicile of the child(s) to be protected
  • Identity, domicile and degree of kinship or attachment with the minor of at least 4 persons for the purpose of the composition of the family council

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

  • Duplex copy (both sides) 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 (and possibly the copy of the divorce judgement)
  • Original copy of death certificate of parents
  • Certificate of domicile of the minor or certificate of accommodation of the applicant
  • Inventory of assets under private seal (made by the person) or notarized, justifying the liabilities and assets
  • Certificate of the body paying the capital (possibly)
  • Copy of opening a blocked account for the minor child.

You must file or send it, in acknowledgement of receipt, to the registry of the Family Court Judge of the court on which the place of residence of the child to be protected depends.

Role of judge and family council

The judge shall family council at least 4 members, chosen according to the child's interest, ensuring if possible that the 2 branches (paternal and maternal) are represented. The judge presides over the family council.

The Family Council is responsible for regulating the general conditions for the maintenance and education of the minor, respecting the wishes expressed by the parents. It shall deliberate by majority vote.

Choosing the 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.

In the family council, the guardian does not vote.

  FYI : if no one can provide the guardianship, it is entrusted to the department's services. The guardianship is then exercised without a family council or subrogated guardian.

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 minor's family branches, the subrogate guardian is, if possible, chosen from the other branch.

He is responsible for supervising the guardian's management and representing the minor if his interests conflict with those of the guardian.

If he finds fault with the guardian's management, he must inform the judge immediately of the minor's guardians.

The guardian is responsible for looking after the minor's person, his property or both. There may be several guardians.

The guardian must obtain the consent of the subrogate guardian and the family council for the acts of disposition (for example: sale of real estate).

Guardianship is established and controlled by the juvenile guardianship judge.

Over 16

Upon request to the judge, the minor may obtain a meeting of the family council.

The request must be made by courier (simple).

Example :

to express its opinion on decisions affecting it.

He may attend the meetings of the Board in an advisory capacity, unless the judge considers that his presence would be contrary to his interest.

Under 16

At his request and if he is capable of discernment, unless the judge advises otherwise (explained), the minor may obtain a meeting of the family council.

Example :

to express its opinion on decisions affecting it.

He may attend the meetings of the Board in an advisory capacity, unless the judge considers that his presence would be contrary to his interest.

Cancellation of a Family Council deliberation

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

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

Legal action

Within 5 years of the majority, an adult who has been placed under guardianship during his minority may take legal action against the guardianship bodies (judge, clerk, family council). This action is possible if he considers them responsible for the damage resulting from any fault committed in the performance of their duties.