Guardianship if parents die

You can read about the Council investigation here How is an investigation conducted by the Guardianship Council CN. The council investigator is not able to speak to the parents during this investigation. The council investigator speaks with the child and with the other members of the family and other sources, for instance, school, youth care and the police. If there are family members who would like to be guardians, the council investigator will talk to them extensively. It is important to get a complete idea of the situation and the wishes of the child.

The council investigator gives his/her advice in a report at the end of an investigation. The report contains a record of the conversations he has had. He also gives advice on the best custody solution for the child. The council investigator discusses the report with the child and the family. He then sends the report to the judge.

The judge reads the advice of the Guardianship Council. He also listens to the wishes of the child and the family. If the judge appoints a family member or friend as a guardian, he or she must be willing to accept this. Nobody can be made a guardian against his or her will.

If no one is suitable to become a guardian or if no one comes forward, the judge will appoint a guardianship organisation. This guardianship organisation endeavours to find a suitable foster family or to supervise the child in living independently. It is also possible for a guardianship organisation to have authority and that the child still lives with a family member.

The person appointed by the court as a guardian has authority over the child from that time. He makes important decisions together with the child and takes care of him. Children who are a little older can decide not to live with their guardian. Then the guardian supervises the child in living independently.