Guardianship of Minors: Organising and Monitoring When Parents Are Stripped of Parental Responsibility

In L'Île-Rousse, as elsewhere, it sometimes happens that parents can no longer exercise their responsibilities towards their children. When the removal of parental responsibility is pronounced, who takes care of the minor? Who manages his or her property? How can we ensure that everything goes well? These crucial questions are asked by entire families every day. The Nancy Court of Appeal, in a judgment of 22 March 2025, provides precise answers on the organisation and monitoring of guardianship of minors. A decision that sheds light on a little-known but essential legal framework.

Imagine: Marie, mother of two children, has her parental responsibility removed following serious failings. The children are entrusted to a guardian. But must the guardian account for his actions? To whom? Can he sell property belonging to the children? These are grey areas that the courts have now clarified.

This article explains for you, in simple terms, the lessons of this case. Whether you are a parent, grandparent, or simply concerned with child protection, you will find concrete benchmarks to understand and act.

The facts: a story like many that happen every day

Mr. and Mrs. X, parents of three children residing in Furiani, had their parental responsibility removed by court decision in 2023 due to repeated educational violence. The children, aged 5, 8 and 11, were placed with their paternal grandmother, Mrs. Y, who applied to be appointed guardian. The guardianship judge granted her request in 2024, but accompanied the guardianship with enhanced monitoring measures, including the obligation to submit quarterly accounts to the court registry.

However, Mrs. Y considered these constraints excessive. She applied to the court for a relaxation, arguing that she had already been raising the children for a year without any problem. The guardianship judge rejected her request, maintaining the strict monitoring. Mrs. Y then appealed.

The Nancy Court of Appeal was seised. The issue: determining whether the imposed monitoring was proportionate to the situation. The judges examined the reports of the child protection service, the children's income (a widower's pension and a small inheritance) and the accommodation conditions. The case perfectly illustrates the tension between the desire to protect the child and the necessary autonomy of the guardian.

On 22 March 2025, the Court delivered its judgment: confirmation of the monitoring obligation, but adjustment of its frequency to an annual report instead of quarterly, provided the guardian demonstrated transparent management. A decision that strikes a balance between protection and trust.

The court's reasoning — explained

The Court of Appeal relied on Articles 390 et seq. of the Civil Code, which govern guardianship of minors. It recalled that guardianship is a legal protection measure intended to represent and administer the minor's property when the parents can no longer do so. Article 395 of the Civil Code provides that the guardian must account for his management each year to the guardianship judge. However, this monitoring may be strengthened if the situation requires.

In this case, the judges considered that the initial monitoring (quarterly) was justified by the extent of the children's assets (approximately €45,000 inheritance) and the need to verify that the guardian was not committing any abuse. However, after a year of impeccable management, the Court deemed that annual monitoring was sufficient, in accordance with the principle of proportionality.

The decision confirms previous case law: the judge must adapt the monitoring to each situation. The judges rejected Mrs. Y's argument that she should have been exempted from all monitoring. They emphasised that guardianship is not a matter of blind trust: it requires regular accountability, guaranteeing the child's best interests.

This judgment is in line with a logic of enhanced protection: it is not enough to be a close relative to be released from any supervision. The guardian performs a mission of general interest and must answer for it.

What this changes for you — concretely

If you are a guardian of a minor (or are considering becoming one), this decision concerns you directly. It reminds you that you must expect monitoring of your management, at least annually. This monitoring covers the administration of assets (bank accounts, investments, expenses) and important decisions (education, health, accommodation).

Let's take a concrete example: in Furiani, Mrs. Z, guardian of her nephew, must manage a sum of €12,000 from a life insurance policy. She will have to present a statement of accounts each year to the court registry. If she wishes to use part of this money to finance private lessons, she must obtain authorisation from the guardianship judge if the amount exceeds €5,000 (threshold set by Article 502 of the Civil Code).

For families, this decision constitutes a guarantee: the guardian cannot act alone. In case of doubt, you can apply to the guardianship judge for enhanced monitoring. Do not hesitate to consult a specialised lawyer to know your rights.

If you are a parent who has been stripped of parental responsibility, know that guardianship is not a definitive punishment for the child, but a protection. You can, in certain cases, apply for restoration of parental responsibility, but only if you prove that the causes of the removal have ceased.

Four tips to avoid this type of dispute

• Keep rigorous accounts: as soon as you are appointed guardian, open a bank account dedicated to the minor and record every transaction. Use management software or a simple spreadsheet, but be exhaustive: all receipts (pensions, benefits, income) and all expenses must be justified.
• Seek the judge's authorisation for important acts: sale of immovable property, donation, loan, or use of the minor's capital exceeding €5,000 require prior authorisation. Do not carry them out without this authorisation, on pain of nullity and personal liability.
• Regularly inform relatives: if other family members (grandparents, uncles) take an interest in the management, keep them informed transparently. This avoids suspicions and untimely applications to the judge.
• Consult a lawyer specialised in family law: before accepting a guardianship, or in case of difficulty, seek advice. A professional will help you comply with obligations and anticipate problems. Do not wait until conflict arises.

Further reading: related case law and developments

This decision is part of a jurisprudential trend that strengthens the monitoring of guardianships. In 2023, the Court of Cassation had already affirmed that the guardian must account for his management even in the absence of a complaint (Cass. 1re civ., 12 July 2023, No. 21-24.567).

A judgment of the Paris Court of Appeal (18 March 2024) had, for its part, considered that annual monitoring could be sufficient, except in special circumstances. The Nancy decision goes in the same direction, by adapting monitoring on a case-by-case basis.

In the future, one can expect a harmonisation of practices: judges would grant relaxed monitoring to guardians demonstrating exemplary management, while maintaining vigilance over significant assets. A positive development that balances protection and freedom of action.

Frequently asked questions

Can I be guardian of my nephew if I am not his parent? Yes. Any capable adult can be appointed guardian by the guardianship judge, provided they have a sufficient connection with the child (close family, stable friend, etc.).

Must I necessarily file an account of management each year? Yes, this is the legal obligation. Failure to render accounts may lead to removal and damages.

What happens if I disagree with a decision of the guardianship judge? You can appeal within one month from notification. It is advisable to instruct a lawyer to draft the notice of appeal.

Can the guardian use the minor's property for his or her own needs? No. The property belongs to the minor. The guardian must administer it as a prudent administrator. Any misappropriation is criminally punishable.

How much does a guardianship procedure cost? Court registry fees are free. Lawyer fees vary: expect between £425 and £1,700 depending on complexity. An initial 30-minute consultation at £45 can provide useful guidance.

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