Guardianship Wheels
Systemic Resource Center

Level 6 |
Promoting the rights and the best interests of the child

Ending guardianship

Ending guardianship

The guardian supports the child until a durable solution has been implemented, in accordance with the best interests of the child. In practice, guardianship ends when the child reaches the age of majority, is reunited with their parents or leaves the country permanently. The guardian should speak to the child and inform the child about the end of their formal mandate, ensure all preparatory work is completed in due time and make a safety and support plan with and for the child to guide and orient the child in the period after the guardian’s mandate has come to an end. 

Where transfer or relocation to another EU Member State, or return to the country of origin, has been determined to be in the best interests of the child, the guardian should continue supporting the child during the actual transfer, relocation or return and ascertain that a new guardian is appointed and effectively supporting the child in the place of destination or the child is effectively reunited with their parents. To facilitate continuity in this context, guardianship authorities should cooperate with their counterparts in other EU Member States and countries of origin and support individual guardians in securing the rights of the child across borders.

If a child goes missing, the guardian remains responsible for the child and has to ensure the missing child is reported to the competent authorities and the missing children hotlines (116 000).

A court order or comparable decision by a competent authority is required to formally end the guardianship of an unaccompanied child.

See also:

Level 4: Age and evolving capacities of the child
Level 5: Mandate and tasks of the guardian

Reference:


EU training and learning platform for guardians of unaccompanied children

Chapter 3: Session 3.2. From arrival to durable solution: promoting the best interests of the child in decisions and proceedings

Literature:


Council of Europe (2007), Recommendation CM/Rec(2007)9 of the Committee of Ministers to member States on life projects for unaccompanied migrant minors.

Council of Europe Parliamentary Assembly (1996), Migrant Children: what rights at18?, Resolution 1996 (2014).

Council of the Baltic Sea States (2015), Guidelines on the Human Rights and Best Interests of the Child in Transnational Situations, Council of the Baltic Sea States Children’s Unit and Expert Group for Cooperation on Children at Risk, Stockholm, 2015.  

Drammeh, L. (2010), Life projects for unaccompanied migrant minors, A handbook for front-line professionals, Council of Europe, Migration Collection, Strasbourg.

FRA (European Agency for Fundamental Rights) (2014), Guardianship for children deprived of parental care, A handbook to reinforce guardianship systems to cater for the specific needs of child victims of trafficking, Luxembourg, Publications Office of the European Union (Publications Office).

United Nations General Assembly (2010), Guidelines for the alternative care of children, Resolution adopted by the General Assembly on the report of the Third Committee (A/64/434) 64/142, 24 February 2010.

United Nations High Commissioner for Human Rights, Council of Europe (2014), Unaccompanied and Separated Asylum-Seeking and Refugee Children Turning Eighteen, What tocelebrate?, Strasbourg.
 

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