Can a change of guardian be judicially confirmed?

It should be judicially confirmable, and although the result determined by the judicial organ is not as direct as the result of the court's decision, the decision made by the body of the national legal department has the same legal effect. Therefore, it is completely possible to change the guardian from the judicial notary department.

Responsibility for child support may be applied to the court for judicial confirmation.

Judicial confirmation is a system in which the court confirms the legality and validity of a mediation agreement reached by the parties under the auspices of a people's mediation organization, and decides whether to give the mediation agreement enforceable effect. After the parties reach a mediation agreement through mediation, if both parties deem it necessary, they may jointly apply to the people's court for judicial confirmation within 30 days from the effective date of the mediation agreement, and the people's court shall promptly review the mediation agreement and confirm the validity of the mediation agreement in accordance with law. Where the people's court confirms the validity of the mediation agreement in accordance with law, and one party refuses to perform or fails to perform in full, the other party may apply to the people's court for compulsory enforcement.

Article 33: After a mediation agreement is reached through mediation by the people's mediation committee, where both parties find it necessary, they may jointly apply to the people's court for judicial confirmation within 30 days of the mediation agreement taking effect, and the people's court shall promptly conduct a review of the mediation agreement and confirm the validity of the mediation agreement in accordance with law.

Where the people's court confirms the validity of the mediation agreement in accordance with law, and one party refuses to perform or fails to perform in full, the other party may apply to the people's court for compulsory enforcement.

Where the people's court confirms that the mediation agreement is invalid in accordance with law, the parties may modify the original mediation agreement or reach a new mediation agreement through people's mediation, and may also file a lawsuit in the people's court.

Several Provisions of the Supreme People's Court on Procedures for Judicial Confirmation of People's Mediation Agreements

Article 8: Where upon review the people's court finds that the mediation agreement meets the requirements for confirmation, it shall make a written confirmation decision; Where a decision is made not to confirm the validity of the mediation agreement, a written decision shall be made.

Article 9: After a people's court makes a confirmation decision in accordance with law, where one party refuses to perform or fails to perform in full, the other party may apply to the people's court that made the confirmation decision for compulsory enforcement.

Of course, you can, and if you change your guardianship, you need to ask the court for a decision.

After all, you may have complicated procedures, but it can definitely be changed, and I can consult the relevant departments for details.

Legal Analysis: The legal guardian cannot change it without authorization. If the legal guardian has conduct that seriously infringes upon the lawful rights and interests of the ward, the parties may apply to the court to revoke their guardianship qualifications, and the court will appoint a guardian.

According to the first paragraph of Article 36 of the Civil Code, where a guardian has any of the following circumstances, the people's court shall, upon the application of the relevant individual or organization, revoke his guardianship qualifications, arrange necessary temporary guardianship measures, and appoint a guardian in accordance with the principle of the best interests of the ward

1) Carrying out conduct that seriously harms the ward's physical and mental health;

2) Neglecting to perform guardianship duties, or being unable to perform guardianship duties and refusing to entrust part or all of the guardianship duties to others, causing the ward to be in a state of distress;

3) Carrying out conduct that seriously infringes upon the lawful rights and interests of the ward.

Legal basis: "Civil Code of the People's Republic of China" Article 36: In any of the following circumstances, the people's courts shall, on the basis of the application of the relevant individuals or organizations, revoke their guardianship qualifications, arrange necessary temporary guardianship measures, and appoint a guardian in accordance with law in accordance with the original rules that are most beneficial to the ward

1) Carrying out conduct that seriously harms the ward's physical and mental health;

2) Neglecting to perform guardianship duties, or being unable to perform guardianship duties and refusing to entrust some or all of their guardianship duties to others, causing the ward to be in a state of distress;

3) Carrying out other conduct that seriously infringes upon the lawful rights and interests of the ward.

1. The legal guardian is changed as follows: 2. According to Article 27 of the Civil Code of the People's Republic of China, the parents are the guardians of the minor round children. 3. Where a minor's parents have died or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order:

1) Grandparents; (2) Elder brother or sister; (3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence. Article 28 stipulates that an adult who lacks or has limited capacity for civil conduct shall be the guardian in the following persons with guardianship capacity in order: (1) spouse; (2) Parents and children; (3) Other close relatives; (4) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the ward's domicile.

Article 31 stipulates that where there is a dispute over the determination of a guardian, the residents' committee, villagers' committee, or civil affairs department of the ward's domicile shall appoint a guardian. Relevant parties may also directly apply to the people's court for the appointment of a guardian. Residents' committees, villagers' committees, civil affairs departments, or people's courts shall respect the true wishes of the ward, and follow the principle of the best interests of the ward to appoint a guardian among those who have guardianship qualifications in accordance with law. Where, before a guardian is appointed in accordance with the provisions of the first paragraph of this article, the ward's personal rights, property search rights, and other lawful rights and interests are in a state of no one to protect them, the residents' committee, villagers' committee, relevant organizations provided for by law, or civil affairs departments for the ward's domicile are to serve as temporary guardians.

After the guardian is appointed, it must not be changed without authorization; Where changes are made without authorization, the responsibility of the appointed guardian is not exempted.

Legal analysis: The law stipulates that the method of changing the guardian is: the guardian is unable to perform or does not perform the guardianship duties, or infringes on the legitimate rights and interests of the ward, which is a prerequisite for changing the child's guardianship; Someone needs to file a lawsuit to change the child's guardianship, including the child's biological parents, grandparents who have been raising the child for a long time, etc., and must be a relative or organization with whom the child lives very closely.

Legal basis: Article 27 of the Civil Code of the People's Republic of China Parents are the guardians of minor children.

If the minor's parents are deceased or have no guardianship capacity, the person with guardianship capacity will serve as the guardian in the following order

1) Grandparents;

(2) Elder brother or sister;

(3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.

The law stipulates that the method of changing a guardian is: the guardian is unable to perform or does not perform guardianship duties, or infringes upon the lawful rights and interests of the ward, which is a prerequisite for changing the child's guardianship; Someone needs to file a lawsuit to change the child's guardianship, including the child's biological parents, grandparents who have been raising the child for a long time, etc., and it must be a relative or organization that is very close to the child's life.

1. What are the procedures for changing the guardian?

The procedures for changing guardianship are as follows:

2. Someone who needs to file a lawsuit to change the guardianship of the child, including the biological parents of the child, the grandparents who have raised the child for a long time, etc., must be a relative or organization that is very close to the child;

3. Finally, the court makes a judgment to change the child's guardian based on the specific circumstances and the principle of benefiting the child's physical and mental growth.

2. How to change the guardian.

Method of changing guardianship: The so-called legal guardianship means that the guardian is directly generated in accordance with the law. According to the provisions, the guardian of a minor shall first be the guardian of the child's parents, such as the death of the parents or the incapacity for guardianship, or the conduct that seriously harms the physical and mental health of the ward; neglecting to perform guardianship duties, or being unable to perform guardianship duties and refusing to entrust some or all of the guardianship duties to others, resulting in the ward being in a state of distress; Where other conduct seriously violates the lawful rights and interests of the ward, the guardian may be changed.

3. What are the conditions for applying for a change of guardianship?

Conditions for applying for a change of guardianship:

2. It is necessary for someone to file a Tongcha lawsuit request to change the child's guardian, including the child's biological parents, grandparents who have raised the child for a long time, etc., and must be relatives or organizations that are very close to the child's life;

3. Based on the specific circumstances and proceeding from the principle of benefiting the child's physical and mental growth, the court shall make a judgment to change the child's guardian.

If you want to change the custody of the child after the divorce, in addition to the existing guardian is objectively unable to perform the guardianship obligation, you must also do a good job of collecting evidence that the existing guardian is not conducive to the child's growth, which is the key to obtaining a lawsuit for the change of child guardianship.

Article 27 of the Civil Code of the People's Republic of China provides that parents are the guardians of minor children.

Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order:

1) Grandparents;

(2) Elder brother or sister;

3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.

Legal Analysis: Can be changed. Where the minor's parents have died or have no guardianship capacity for Kimin, one of the following persons is to serve as guardian of Zheng Fengjing:

1. Grandparents and maternal grandparents. 2. Brother and sister. 3. Other close relatives or friends are willing to assume guardianship responsibilities with the consent of the minor's father's or mother's work unit or the residents' committee or villagers' committee for the minor's residence.

Legal basis: "Civil Code of the People's Republic of China" Article 31: Where there is a dispute over the determination of a guardian, the residents' committee, villagers' committee, or civil affairs department for the ward's domicile is to appoint a guardian, and where the relevant parties are not satisfied with the designation, they may apply to the people's court for the appointment of a guardian; Relevant parties may also directly apply to the people's court for the appointment of a guardian.