Law to better protect
Find out more about the changes that will have a direct impact on the lives of thousands of vulnerable people and their loved ones.
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Regardless of whether they are a parent, dative or suppletive tutor, the tutor is not allowed to be a member of the tutorship council.
A tutorship council is usually made up of three members appointed by the court. Two replacements ("alternates") are usually appointed at the same time. Being a member of a tutorship council is a purely personal responsibility: if you die, your heirs are under no obligation. You must also perform this duty free of charge.
The tutorship council may comprise only one person if the mother and father so request or if the court decides accordingly. Where the council has only one member, this person also acts as secretary.
The secretary may be one of the three members of the tutorship council or someone else. They may receive remuneration suggested by the meeting of relatives and approved by the court. The secretary takes the minutes of the meetings and looks after these records.
Meetings may be held using any means that allows all the members to communicate with each other instantly (e.g. conference call).
The tutorship council is required to meet at least once a year. If your council has three members, the quorum is two. You are obliged to invite the legal, dative or suppletive tutor to all your meetings in order to ask their opinion. If you wish, you may also invite the child.
Decisions are made by majority vote. These decisions are subject to review by the court, for valid reasons, at the request of the tutor or any person with an interest in the child. The application must be filed within 10 days of the decision.
The secretary of the tutorship council is responsible for looking after all documents relating to the child’s tutorship and for giving them to: