Guardianship of Minors: When Parents Are Divested of Their Rights, How Does It Work?

Imagine a scene that could take place in Tarbes: Sophie, aged 8, is removed from her parents' home after months of reports of neglect. The judge orders the divestment of parental authority. But then, who makes decisions for Sophie? Her grandparents? An uncle? The State? That is the whole issue of guardianship of minors.

This question, every parent or relative may one day encounter, often in urgency or distress. Because when parental authority is removed – whether by judicial decision after violence, serious educational deficiencies, or incapacity – the child is not left to fend for himself. The law has provided a framework: guardianship. But who organises this guardianship? Who supervises? And what if you are a relative who wishes to apply?

The Paris Judicial Court, in a decision of 15 June 2025 (Case No. RG-77532), provides clarifications on the organisation and supervision of guardianship. And these lessons apply as much to families in the Pau region as to those in Paris. Here is what you need to know.

The facts: a story like those that happen every day

Mr and Mrs Lefèvre, parents of two children aged 5 and 8, lived in Orthez. For several years, their behaviour was concerning: alcoholism, domestic violence, lack of school attendance. The social services of the child welfare authority (ASE) had intervened several times, without lasting success. Ultimately, the public prosecutor's office in Pau referred the matter to the children's judge, who ordered the complete removal of parental authority in June 2024.

The children were placed with their paternal aunt, Mrs Sophie Lefèvre, who lived in Tarbes. But tensions soon arose: the mother, despite the divestment, tried to re-establish contact, while the father, incarcerated, claimed his right to visit. The aunt, at a loss, did not know which decisions she could make alone (schooling, health, leisure) and which required authorisation.

She then petitioned the Paris Judicial Court – competent because of the aunt's new domicile – to request the organisation of a guardianship. The guardianship judge issued an order setting out the terms: appointment of a guardian (the aunt), a deputy guardian (a neutral family member), and supervision by the guardianship judge for important acts.

The reasoning of the court — broken down

The Paris Judicial Court recalled the essential principles of guardianship of minors. Basis: Articles 390 et seq. of the Civil Code. Article 390 provides that 'guardianship opens when the father and mother are deceased, or when they are divested of parental authority'. Here, the parents were divested, so guardianship was mandatory.

The judges then detailed the organisation: the guardianship judge appoints a guardian (a natural person or a departmental service) and a deputy guardian, responsible for supervising the guardian's actions. The guardian must report annually on his management. The decision emphasises that the guardian cannot alone carry out the most important acts: sale of immovable property belonging to the child, acceptance of a gift, serious medical decision. For these acts, the judge's authorisation is imperative.

In this case, the aunt had acted alone to enrol the children in a school in Tarbes and to arrange psychological follow-up. The court validated these acts as they fell within daily life, but it recalled that any decision affecting the children's assets (they had inherited from their grandparents) required the judge's consent. The decision therefore confirms the constant case law: guardianship is a strict framework, but not a paralysis.

The divested parents, for their part, no longer have any rights or duties. They cannot challenge the guardian's decisions, except to demonstrate an abuse. The court rejected the mother's request to obtain news of the children: 'parental authority being extinguished, no right to information exists'.

What this changes for you — practically

If you are a relative candidate for guardianship: You must know that becoming a guardian is not a simple formality. You will be supervised each year by the judge. In Orthez, for example, an aunt who managed her nephew's accounts had to repay €1,200 for unjustified expenses (designer clothes, outings). The judge considered these expenses excessive. So be rigorous: keep precise accounts, retain receipts, and request authorisation for any important act.

If you are a divested parent: You lose all right of oversight. No more decisions on schooling, health, or marriage of your child. But you can request a right of visit if the judge deems it in the child's best interests. In the Tarbes case, the incarcerated father obtained one supervised visit per month.

If you are a child under guardianship (or his representative): You can petition the judge if the guardian is not fulfilling his role. The time limit to act is 5 years from the contested act. A concrete example: a minor heir of a flat in Pau, whose guardian sold the property without authorisation: the judge annulled the sale and ordered the guardian to pay damages (€15,000).

Four tips to avoid this type of dispute

• Anticipate the designation of the guardian: If you are a parent, you can, by will or declaration, choose the person who will be the guardian of your children in the event of death or incapacity. This choice is binding on the judge, unless the child's best interests require otherwise. Do it today.
• Keep irreproachable accounts: As a guardian, open a bank account dedicated to the child. Record each expense with a supporting document. The judge can demand accounts at any time. A failure to account may lead to your removal.
• Do not act alone on serious acts: Before selling a property, accepting an inheritance, or making a heavy medical decision, seek authorisation from the guardianship judge. In Tarbes, an aunt accepted a gift without authorisation: the gift was annulled, and she had to repay the costs (€2,500).
• Seek assistance from a lawyer: Especially if the situation is conflictual (divested parents contesting, divided family). A lawyer specialising in family law can guide you through the procedures and represent you before the judge.

Further reading: related case law and developments

An earlier decision of the Pau Court of Appeal (2023) had already ruled on a similar case: a divested father contested the appointment of his sister as guardian. The court confirmed that the judge's choice is final, provided it serves the child's best interests. In that case, the aunt had a stable situation and a strong emotional bond with the child, while the father, although divested, had a violent behaviour.

The current trend of the courts is to strengthen supervision of guardianships. The law of 23 March 2019 reformed guardianships, imposing more frequent supervision (every 2 years minimum) and requiring the guardian to submit a detailed report. The Paris court's decision is in line with this: it recalls that guardianship is not a delegation of power without limits, but a mandate under supervision.

For the future, one can expect judges to require even greater transparency, particularly through digital tools (online accounting, monitoring platform). Families must therefore prepare for increasingly supervised management.

Key points to remember

FAQ: the questions you may have

• What is guardianship? It is a regime of legal protection for a minor whose parents are deceased or divested of parental authority. A guardian is appointed to care for the child and manage his property.
• Who can be a guardian? A family member (grandparent, uncle, aunt), a close relative, or failing that, a departmental service (ASE). The judge chooses the person most able to protect the child's best interests.
• What are the powers of the guardian? He can take routine decisions (schooling, health, accommodation). For important acts (sale of property, acceptance of inheritance), he must obtain the authorisation of the guardianship judge.
• Can I challenge the appointment of the guardian? Yes, if you are a divested parent or a relative, you can petition the judge within 15 days of the decision. But you must demonstrate that the appointment is contrary to the child's best interests.
• How much does guardianship cost? The procedure is free before the guardianship judge. But if you hire a lawyer, expect between €1,500 and €3,000 for a simple case, more if contentious.

Are you in a similar situation? A first 30-minute consultation with Maître Perucca (€45) can save you months of proceedings – and often much more. Book an appointment →