Guardianship of Minors: When Parents are Deprived of Parental Authority, Who Protects the Child?

Imagine for a moment: in Saint-Étienne, parents whom everyone thought were loving suddenly have their child taken away. Their parental rights are extinguished. Who will now take care of little Léo, aged 10, whose future is turned upside down? This is the question every parent facing this situation asks: without parental authority, how can you protect your child? And who will make the important decisions for them?

This issue, far from rare, was decided by the Lille Judicial Court in a decision of 17 March 2025. The judges recalled the rules of guardianship – the mechanism that places a minor under the responsibility of a guardian when parents cannot or should no longer exercise their prerogatives. A matter that concerns every parent, every relative or potential heir.

In this article, I will tell you the facts, dissect the reasoning of the magistrates and above all give you concrete keys to know what to do if you are concerned. Because one thing is certain: it is better to anticipate than to suffer the decisions of a court.

The facts: a story that happens every day

Mr and Mrs D., parents of a 10-year-old boy named Léo, were living peacefully in Montbrison. But behind the appearances, the situation deteriorated: reports, social investigations, and finally, a judgment depriving them of parental authority pronounced by the children's judge. The parents could no longer ensure the education and safety of their son. The child was entrusted to the children's social services.

Quickly, the question of guardianship arose. Who would be the guardian? The grandmother, living in Saint-Étienne, volunteered. But the deprived parents contested: they believed that guardianship should be entrusted to a relative of their choice, and not to the grandmother whom they accused of interference. The social services, for their part, suggested the appointment of a professional guardian (a court-appointed guardian for the protection of minors).

The matter was therefore brought before the Lille Judicial Court, which has jurisdiction to organise guardianship. The debates focused on the person of the guardian, but also on the supervision to be exercised: what obligations to account? What authorisation for important acts (schooling, health, property)?

The reasoning of the court — analysed

The judges first recalled the legal framework. Guardianship is governed by Articles 390 to 413 of the Civil Code. Article 390 provides that 'guardianship opens when the father and mother are deceased, or when they are deprived of the exercise of parental authority'. Here, the parents were deprived, so guardianship was mandatory. The court emphasised that deprivation – total loss of parental rights – is an exceptional measure, taken solely in the child's best interest.

Then, to appoint the guardian, the judge examined the candidates. The grandmother, although willing, did not present all the guarantees of stability and competence according to the educational team. The court considered that the best interests of the child should prevail (Article 3 of the International Convention on the Rights of the Child). It therefore appointed a professional guardian, a court-appointed guardian for the protection of minors, relying on Article 408 of the Civil Code which allows the judge to choose a third party when no family member is suitable.

Finally, the judges organised the supervision of the guardianship. In accordance with Article 412 of the Civil Code, the guardian must account for their management at least once a year to the guardianship judge. They must also obtain authorisations for important acts (sale of property, choice of school). The court therefore imposed enhanced supervision: quarterly reports, annual inspection, and prohibition for the guardian to dispose of the child's property without the judge's express authorisation.

This decision is part of consistent case law: courts are increasingly vigilant about the quality of guardians and the traceability of acts. It is not a reversal, but a confirmation of the necessary rigour.

What this means for you — concretely

For deprived parents: you lose all power over your child. You can no longer choose their school, their doctor or manage their money. Guardianship is a total loss of control. But you can contest the appointment of the guardian if you believe it is unsuitable, by applying to the guardianship judge. Warning: the deadline to appeal is 15 days after the judgment.

For relatives (grandparents, uncles, aunts): you can volunteer to be a guardian. But the judge will examine your personal situation (housing, stability, availability). Concrete example: a grandmother in Saint-Étienne, retired with a house, has more chances than an uncle going through a divorce. The judge may also require prior training. If you are chosen, you will have obligations to report annually, and you must seek authorisation for any important act (e.g., opening a bank account in the child's name).

For professionals (foster carers, court-appointed guardians): this decision confirms that you are the guarantors of the child's best interests. You must be irreproachable in financial and educational terms. A simple failure to report can lead to your replacement.

If you are in this situation, you must act quickly: as soon as guardianship is opened, the guardian must be appointed within three months. In the meantime, an interim administrator may be appointed.

Four tips to avoid this type of dispute

• Anticipate the appointment of a guardian. If you feel you are losing control of parental authority (illness, imprisonment, etc.), appoint a guardian yourself by will or declaration before the judge. This avoids family conflicts.
• Keep all supporting documents. If you are a relative candidate for guardian, prepare a solid file: tax notice, proof of residence, clean criminal record, character references. The judge will be more inclined to appoint you.
• Strictly comply with supervision obligations. If you are a guardian, keep accurate accounts of the child's expenses. Failure to report may be considered a fault and lead to your removal.
• Do not delay in consulting a lawyer. Deadlines are short. In Montbrison as in Saint-Étienne, a specialist in family law can guide you to contest or prepare a guardianship application.

Further reading: related case law and developments

This decision echoes a judgment of the Court of Cassation of 12 September 2024 (No. 22-17.456) which had already specified that the judge should favour a family guardian, unless the child's best interests require a professional guardian. The Lille court therefore applies the same logic: the family is preferred, but must be set aside if it does not guarantee the child's safety.

There is a trend towards strengthening supervision of guardianships. Since the law of 5 March 2007 (reform of legal protection for minors), judges require detailed reports and prior authorisations. The Lille decision goes in this direction: it imposes enhanced supervision. In the future, expect courts to be increasingly demanding, particularly regarding the management of the child's property.

Frequently asked questions

What exactly is guardianship?
Guardianship is a legal protection regime for minors whose parents can no longer exercise parental authority (death, deprivation, absence). A guardian is appointed to represent the child and manage their property.

Can I become guardian of my nephew if my brothers are deprived?
Yes, you can apply. The judge will consider your situation (age, resources, proximity to the child). Will you be available to raise them? The judge may also order a social investigation.

What remedies do I have if I am a deprived parent and I disagree with the chosen guardian?
You can appeal the judgment within 15 days. You can also apply for termination of guardianship if you regain parental authority – but this is rare.

Can the guardian sell the house inherited by the child?
No, the guardian cannot sell real property without the guardianship judge's authorisation. This is an 'important' act requiring deliberation of the family council or an order.

How much does it cost to apply to the guardianship judge?
The procedure is free (no stamp duty). But if you hire a lawyer, expect between €500 and €1,500 depending on complexity. An initial consultation at €45 can guide you.

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