72. The judge may order, taking into account the child's interest, any interim
measures relating to the implementation of the guardianship. He may, for this
purpose, temporarily grant custody of the minor to the other parent or, failing that, to
one of the other persons provided in the Family Code.
73. This measure may be subject to change when the interests of the minor require it,
either by the judge, or at the request of the guardian, or the minor when he is capable
of understanding, the Public Prosecutor or any other person authorized to act for the
protection of minors. The judge shall rule on this request by an injunction.
74. The measure of termination or temporary withdrawal of rights related to the
exercise of guardianship may be revoked in whole or in part, by the judge, at the
request of the dismissed parent (Articles 460 and 461 of CPCA).
75. At the hearing, the judge hears the minor, the father and the mother or the person
having custody of the child and any other person whose views are deemed useful. It
may excuse the minor from attending. Counsels of the parties may present their
observations, if applicable.
76. The request is heard and decided in private, the public prosecutor shall present his
submissions. This order is not appealable.
77. Article 468: the administration of the minor's property is subject to a judicial
review, at the death of both parents.
78. Authorization and emancipation: The prior permission defined by the law and
concerning certain acts of the legal guardian is granted by order upon application,
made by the family court judge (Article 479 CPCA). Article 480 states: emancipation
is decided by the family court by way of graceful order, under the conditions provided
by the law. Moreover, in case of separation from parents, article 62 of the Family
Code provides a right to custody, which consists of maintenance, school enrolment,
childrearing and safeguarding the child’s physical and mental health.
79. Custody: Articles 64 and 65 of the Family Code organize custody using the
assumption that the interest of the child is best served by the devolution of this right to
persons best suited to exercise it. They empower the judge to assess such ability.
80. Articles 66-68 set the conditions for the award of custody and provide for
withdrawal considering the best interest of the child. The interests of the child are also
protected by the Family Code in the following articles:
a. Article 82 which provides that the acts of those who have not reached the age of
discretion because of their young age, are redundant;
b. Article 83 which states that the acts of a person who has reached the age of
discretion without being an adult as per article 43 of the Civil Code are valid if they
benefit him and redundant if they are harmful. Such acts require permission of the
legal guardian or testamentary guardian, when there is uncertainty regarding the
benefit and the harm. In case of dispute, the matter is brought before the court;
c. Article 93 concerning testamentary guardianship, which states that "the
testamentary guardian must be Muslim, sensible, capable, integrated and a good
administrator. If he does not meet the above conditions, the judge may process his
dismissal ";
d. Article 96 (5), which states that the dismissal may also take place at the request of
a person having an interest therein, where it is proven that the guardian’s management
is jeopardizing the interests of the minor;
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