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Different types of guardianship orders for a minor in France
Appointment of guardians
Guardianship order of minor: proceedings
Alternatives to child guardianship orders
PacisLexis Family Law
Child guardianship lawyer
In France, guardianship for children is governed by the French Civil Code (Code Civil). Guardianship typically arises in situations where child’s parents are unable to care for them due to various reasons such as death, incapacity, or parental responsibility withdrawal.
Special guardianship is a family court order that places a child or a minor in long-term care with someone other than their parents.
There are 2 different types of guardianship order in France regarding a minor. One can be considered as exclusive, the other one as partial.
Here’s an overview of guardianships for a minor in France.
Child guardianship lawyer
Different types of guardianship orders for a minor in France
What is called “tutelle” for a minor in France?
In France, ‘la tutelle’ is a type of guardianship order allowing a third party to care of a child or young person in long-term care with someone other than their parents (abandoned children for example or parental responsibility withdrawal, loss of both parents).
The guardian will have exclusive parental responsibility which means they will have legal rights and duties towards the child.
This type of guardianship lasts until a child can provide for themselves.
What is called “curatelle” for a minor in France?
‘La curatelle’ in France finds an echo in the Common law as child arrangement order. In the UK child arrangement orders allow the carer to share parental responsibility with the birth parents.
‘La curatelle’ or this type of guardianship for a minor in France is a family court decision that applies when parents are still alive but are partially unable to fulfil their parental responsibilities due to a partial loss of parental responsibility or for temporary medical reasons.
This type of guardianship lasts until the judge decides whether or not parents can get their full parental responsibilities back.
In France, what is the difference between la tutelle and la curatelle?
Apart from the form of both guardianship orders, in France, ‘la curatelle’ is ruled by the French family Court.
Parental responsibilities are shared between the birth parents and the appointed guardian. The guardian is appointed by the judge and is also supervised by the judge.
Child guardianship lawyer
Appointment of guardians
Who can be a guardian in France?
In France, appointed guardians are called ‘tuteur’ or ‘curateur’ as guardians in English.
Anyone can be a guardian in France:
- Close family member: family members such as grandparents, uncles, aunts or siblings can be appointed as the guardian of a minor. Priority is given in the child’s best interests. In the UK, this type of arrangement is known as kinship care. A relative, for the purposes of family and friends foster care, is defined in the Children Act 1989 as a: “grandparent, brother, sister, uncle or aunt (whether full blood or half blood or by marriage or civil partnership) or step-parent”.
- Family friend or trusted individual: once again family friend or trusted individual can be a guardian if they commit to fulfil this role. Priority is given in the child’s best interests.
- Qualified professional: if no family member is suitable or don’t apply to be the legal guardian, the court can appoint a qualified professional such as a lawyer, social worker or a court staff.
- Guardianship charities: in rare occasion, a guardianship charity can be appointed as the guardian of the minor. These charities have the expertise to provide assistance and protection.
Please note that the appointment of a guardian is always based on the child’s best interests and is decided by the court regarding the circumstances of the case.
Anyone can apply to be a child’s guardian if you’re over 18.
How guardians are appointed?
If there isn’t a nominated legal guardian, a court will determine who should look after the child.
In France, it’s possible to apply to become a guardian of a minor.
Anyone wishes to become a guardian must apply for special guardianship which will give them the legal right to make day-to-day decisions such as the child’s wellbeing, medical care etc.
Here are some key responsibilities:
- Providing a home
- Scholarship
- Food and clothes
- Health decisions and treatments
- Financial support
- Education
- Discipline
- Safety
What responsibilities does a legal guardian have?
Caring for a child is a serious undertaking.
When granted authority with the regime of ‘tutelle’, a legal guardian will be able to make any decisions regarding the child’s education, health, wellbeing etc…
When granted authority with the regime of ‘curatelle’ a legal guardian will be able to make some decisions regarding some aspects of the child’s education, health, wellbeing depending on the court’s decision.
In France, how a guardian is appointed in case of both parents’ death?
If there is no will, the court will appoint a guardian to take care of the child.
A testamentary guardian is a person names in a parent’s will who will take legal responsibility for a child after their death. A testamentary guardian is also called a legal guardian.
A testamentary guardian can only be appointed by someone who has parental responsibility for the minor or minor children such as parent or special guardian, although a court can rule on parental responsibility.
Child guardianship lawyer
Guardianship order of a minor: proceedings
How to apply for guardianship of a minor in France?
Here’s a step-by-step guide on how to request a guardianship order:
- Before any legal proceedings, it’s advisable to consult with a family law lawyer. Our firm can provide guidance on the specific requirements and procedures to get a guardianship order for a minor.
- Prepare the paperwork: you will need to provide proof of ID, proof of relationship to the minor if applicable, any relevant court orders or petitions, statements etc..
- Apply for a guardianship order: file your application to the relevant court, most of the time, the child’s family home address court.
- Attend courts hearings: after filing the application, the court may schedule one or more hearings to consider your application. You may required to attend those hearings. Being helped by a family law lawyer is again advisable.
- Be available: the court may investigate or requests reports and statement from relevant legal authorities to appoint you as a guardian or to appoint a guardian.
- Comply with court orders: if the guardianship order is granted, you must comply with any court orders or instructions issued by the court.
How to apply for guardianship of a minor in the UK?
Applications for guardianship can be individual or joint. You don’t need to be married to submit a joint application.
Any individual making an application for a SGO must give 3 months’ written notice to their local authority of their intention to apply. The local authority will then have a duty to provide a report to the Court.
The notice is then passed to a social worker who should arrange meetings.
In all cases, there will be assessments as an assessment of the future needs of the child, an assessment regarding the guardian’s capacity and ability to bring up the child and an assessment for support. These assessments are evidence-based and child-focused.
Then an interim plan is settled for the proceedings to be concluded. The social worker will submit the report to the court and to their line manager for approval.
Do you get financial assistance to be a legal guardian in France?
It depends!
In France, guardians especially family guardians or kinship care arrangement do not get financial support as they are generally considered to fulfil this responsibility as part of their family duties.
However, if the guardian is a professional and has been appointed by the court, they can get a refund of their expenses, travel fees and administrative fees. A professional can be a lawyer, social worker, health professionals.
In such circumstances a contract is drafted by the court.
Do you get financial assistance to be a legal guardian in the UK?
It depends on your financial circumstances!
After a guardianship order, the child’s parents are still legally responsible for providing for their child but in reality, they are not capable to do so.
In some cases, it might be possible to make an application for financial support from your local council’s children’s services department.
It will depend on your financial situation and a social worker will assess your circumstances to decide what support and allowance you should get. Please note that it’s on rare occasions.
Child guardianship lawyer
Alternatives to guardianship orders in France?
Are there alternatives to guardianship orders in France?
Yes!
- Custody by Family Members: If family members are capable and willing to care for the minor, custody may be granted to them without the need for a formal guardianship order. This arrangement allows family members to get parental responsibilities. The custody can be temporary or exclusive.
- Family Assistance and Support: In cases where the parents may need assistance or support in caring for the minor, social services or family support programs may be involved. These services provide resources and assistance to families to help them meet the needs of the minor without the need for a formal guardianship arrangement.
- Temporary Custody or foster care: In certain situations where the minor’s safety or welfare is at risk, temporary custody with a foster family or in a residential facility may be considered as an alternative to guardianship. These arrangements are temporary and aim to provide a stable and supportive environment for the minor until a permanent solution is found.
Are there alternatives to guardianship orders in the UK?
Yes!
- Adoption offers a minor to live in a permanent home. Once an adoption order has been granted the birth parents lose their parental responsibility to the foster family.
- Long-term fostering: with long-term fostering, the birth parents keep their parental responsibilities.
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