60. The Algerian judiciary system guarantees child protection while particularly
ensuring the best interest of the child, through provisions of the Family code and the
Code of civil and administrative procedure (CPCA).
61. Guardianship: the father is guardian of his minor children, and at his death,
guardianship returns automatically to the mother, in case of disability or absence of
the father, the mother replaces the father in performing urgent tasks
62. The guardian shall manage the estate of his ward in the best interest of the latter;
He is responsible under the law and must seek court authorization for certain
procedures such as, selling, sharing, mortgage, commitment of the minor’s capital and
rental of his properties
63. The judge grants authorisation while taking into account the need and the interest
of the child. In case of conflict between the interests of the guardian and those of his
ward, the judge will appoint an ad hoc administrator
64. The testamentary guardian whose term expires shall return the estates that were
under his responsibility and present the accounts to his successor and to the minor at
his emancipation, in a period not exceeding two months from the date of expiry the
mandate
65. The guardian is liable for damage caused by his negligence to the property of his
ward.
66. Requests for an injunction, or temporary withdrawal of the guardianship of the
minor are formed at the request of a parent or the prosecution, or any other interested
person. They are presented by way of interlocutory (Article 453 CPCA).
67. The judge may, on its own motion or at the request of a parent or the prosecution:
a. Hear the father or the mother and any other person whose evidence seems useful to
him
b. Hear the minor, unless his sage or condition does not permit it;
c. Request any social inquiry, any medical examination, any psychological or
psychiatric consultation (article 454 CPCA).
68. The interim ordinance made pursuant to article 453, mentioned above, is served
by the party who acted faster, to the other party within thirty (30) days after the order
was issued, under penalty of expiration.
69. The order may be appealed:
a. By the parties, within fifteen (15) days following its pronouncement
b. By the prosecution within the same deadline, following its pronouncement
70. The appeal is heard and the matter will be considered in closed session, within a
reasonable time.
71. The requests made under article 453 above, are formed according to the summary
proceedings’ rules before the court of the place where the guardianship is
implemented. They are tried and decided upon in closed session. The public
prosecutor and counsel for the parties will present their observations, if applicable
(articles 455, 456, 457 and 458 CPCA).
12