What are the conditions and procedures for changing guardians?

According to China's "Opinions on the Principle of Civil Affairs", after the guardian is appointed, he or she may not change it on his own. Where changes are made without authorization, the original appointed guardian and the changed guardian bear guardianship responsibility.

1) Article 16 of the General Principles of the Civil Law: "The parents of minors are the guardians of minors.

Where a minor's parents are deceased or [lack guardianship capacity], a person with guardianship capacity among the following persons is to serve as guardian: (1) [grandparents] or maternal grandparents; (2) Elder brother or sister; (3) Other close relatives or friends are willing to bear 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.

2) Article 11 of the Opinions on the General Principles of the Civil Law: "The guardian's [guardianship capacity] shall be determined according to factors such as the guardian's physical health condition, economic conditions, and [contact with the ward in life].

3) Article 21 of the Opinions on the General Principles of the Civil Law: If a guardian [fails to perform guardianship duties] or [infringes] the lawful rights and interests of the ward, other persons or units with guardianship qualifications as provided for in Articles 16 and 17 of the General Principles of the Civil Law may file a lawsuit with the people's court to require the guardian to bear civil liability or request a change in the guardianship relationship.

What you are talking about is not a question of changing guardians, but a legal issue of dissolving the adoption relationship. There are provisions in China's "Adoption Law", and the specific circumstances are as follows: Chapter IV Dissolution of Adoption Relationship.

Article 26: Adopters must not dissolve the adoptive relationship until the adoptee reaches adulthood, except where the adopter and the adopter agree to terminate it, and where the adopted child is 10 years of age or older, the consent of the adoptive child shall be obtained.

Where the adopter does not perform the obligation to support the adopter and has abuse, abandonment, or other acts that infringe upon the lawful rights and interests of the minor adopted child, the adopter has the right to request that the adoptive relationship between the adoptive parents and the adoptive child be dissolved. Where the adopter or adopter cannot reach an agreement to dissolve the adoption relationship, they may file a lawsuit in the people's court.

Article 27: Where the relationship between adoptive parents and adult adoptive children deteriorates and they are unable to live together, they may dissolve the adoption relationship by agreement. If no agreement can be reached, a lawsuit may be filed in the people's court.

Article 28: Where the parties agree to terminate the adoption relationship, they shall go to the civil affairs departments to handle registration for the termination of the adoption relationship.

Article 29: After the adoptive relationship is dissolved, the relationship of rights and obligations between the adopted child and the adoptive parents and other close relatives is to be eliminated, and the relationship of rights and obligations between the adoptive child and the biological parents and other close relatives is restored on its own, but whether the relationship of rights and obligations between the adult adoptive child and the biological parents and other close relatives is to be restored may be determined through consultation.

Article 30: After the adoptive relationship is dissolved, adult adopted children who have been raised by their adoptive parents shall be paid living expenses to the adoptive parents who lack the ability to work and lack livelihood. Where the adoptive relationship is dissolved due to abuse or abandonment of the adoptive parents by the adoptive child after he or she reaches adulthood, the adoptive parents may request that the adoptive child compensate for the living and educational expenses incurred during the adoption period.

Where the biological parents request the dissolution of the adoptive relationship, the adoptive parents may request that the biological parents appropriately compensate for the living expenses and educational expenses incurred during the adoption period, except where the adoptive parents have dissolved the adoptive relationship due to abuse or abandonment of the adoptive child.

Legal Analysis: There are usually two situations in which the ownership of a minor child is changed: one is that the parents agree to change the ownership of the child's direct custody; The second is that one party requests to change the direct custody of the child. In the former case, if the change of custody is conducive to the healthy growth and legitimate rights and interests of the child, the agreement between the parties shall be granted.

In the latter case, the people's court shall also approve the modification if there are any of the following circumstances: the party living with the child is unable to continue to raise the child due to serious illness or injury; The party living with the child does not fulfill the obligation to support the child or abuses the child, or the party living with the child has a negative impact on the child's physical and mental health; Minor children over the age of 10 who are willing to live with another party who has the ability to support them; There are other legitimate reasons for the change. Specifically, there are no clear provisions on the procedures required for the change of guardianship, but there are corresponding conditions for changing the guardian.

As long as such evidence is collected and a lawsuit is filed with the court, the specific procedures for the guardian can be changed.

Legal basis: Article 1084 of the Civil Code of the People's Republic of China The relationship between parents and children shall not be extinguished by the divorce of parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

After divorce, parents still have the right and obligation to raise, educate and protect their children. After divorce, children under the age of two years shall be directly raised by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child.

Where children have reached the age of 8, their true wishes shall be respected.

In general, the parents of the ward are the legal first guardians of the child, in fact, the ward has a certain capacity for civil rights from birth, and in some cases, the legitimate rights and interests of the ward cannot be infringed by the ward at will, so in some special circumstances, the guardian can actually be changed.

1. The conditions for changing guardians include that the guardians of minors and mentally ill persons who have no or limited capacity for civil conduct may not be able to assume guardianship duties for the following three reasons:

First, the guardian does not have guardianship qualifications. For example, if a guardian becomes a person with no or limited capacity for civil conduct, he or she is not qualified to perform as a guardian; or, the guardian's financial conditions are not suitable to serve as a guardian;

(2) the guardian does not perform guardianship duties, and may cause harm to the ward, or has already caused harm to the person under guardianship;

Third, where the relevant organization appoints a guardian in accordance with provisions and notifies the designated person in writing or orally, the designation shall be found to be established. Where the designated person is not satisfied, he shall file a lawsuit with the people's court within 30 days of receiving the notice. Where litigation is filed within the time limit, it is to be handled as a modification of the guardianship relationship.

II. Duties of Guardians Article 34 of the Civil Code The duties of guardians are to carry out civil juristic acts and protect the personal rights, property rights and other legitimate rights and interests of the ward.

The rights of guardians arising from the lawful performance of guardianship duties are protected by law.

Where guardians do not perform guardianship duties or infringe upon the lawful rights and interests of their wards, they shall bear legal responsibility.

Where due to emergencies such as emergencies, guardians are temporarily unable to perform guardianship duties, and the ward's life is in a state of no one to take care of them, the residents' committee, villagers' committee, or civil affairs department for the ward's domicile shall arrange necessary temporary living care measures for the ward.

Article 35: Guardians shall perform guardianship duties in accordance with the principles that are most beneficial to the ward. Guardians must not dispose of the ward's property except to protect the ward's interests.

When juvenile guardians perform guardianship duties, they shall respect the true wishes of the ward based on the ward's age and mental status.

Adult guardians performing guardianship duties shall respect the true wishes of the ward to the greatest extent possible, and ensure and assist the ward in carrying out civil juristic acts appropriate to their intellectual and mental health conditions. Guardians must not interfere in matters that the ward has the ability to handle independently.

For example, the parents of the ward are mentally ill, or they are the parents of the child, but they are extremely irresponsible for the child's growth, and there is a special situation that the child's parents are dead. If these conditions are met, an application may be made to the relevant state departments for a change of guardianship in accordance with the law, or the court may directly appoint a guardian.

Legal Analysis: The following conditions need to be met for the replacement of a guardian: In any of the following circumstances, the people's court shall, on the basis of an application by a 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 psychological 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 on the ward's lawful rights and interests.

Legal basis: "Civil Code of the People's Republic of China" Article 36: In any of the following circumstances, the people's courts are to revoke guardianship qualifications, arrange for necessary temporary guardianship measures, and lawfully appoint guardians 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 some or all of the guardianship duties to others, causing the ward Sun Xi to be in a state of distress; (3) Carrying out other conduct that seriously infringes upon the lawful rights and interests of the ward.

Relevant individuals and organizations as provided for in this article include: other persons with guardianship qualifications in accordance with law, residents' committees, villagers' committees, schools, medical establishments, women's federations, disabled persons' federations, organizations for the protection of minors, lawfully established organizations for the elderly, civil affairs departments, and so forth. Where individuals and organizations other than the civil affairs departments provided for in the preceding paragraph do not promptly apply to the people's courts to revoke guardianship credentials, the civil affairs departments shall apply to the people's courts.

Write a petition for change and submit it to the court with the state, and the court will rule on the change.

1) Where existing guardians do not perform guardianship duties, or infringe upon the lawful rights and interests of the ward, or where guardians are unable to perform guardianship duties, and request to become stupid or change guardians;

2) Applications for a change of guardianship, where the applicants are more extensive, and may be the minor's biological parents, grandfathers, older siblings, and so forth who have raised the minor for a long time, and must be relatives or organizations that are very close to the minor's life;

3) Changes in judges' rulings. Based on the specific circumstances and proceeding from the principle of being conducive to the physical and mental growth of minors, the court shall make a corresponding ruling.

The so-called legal guardianship refers to the guardianship directly in accordance with the provisions of the law. Legal guardianship refers to the guardianship directly created in accordance with the law. According to the provisions, the guardianship of a minor shall first be the guardian of the child, and in the event of the death or incapacity of the parent, the following persons shall be in order:

grandparents; adult brother and sister; Where the minor's parents belong or the minor's residence, the villagers' committee, or the civil affairs department. shall be held by the following persons in that order: spouse; Parents; adult children; other close relatives; of the unit or domicile, villagers' committee, or civil affairs department.

In addition, with the consent of the relevant unit, other relatives and friends who are willing to serve as guardians may also serve as guardians. Designated guardianship refers to guardians appointed by the people's courts or other units or organizations that have the authority to appoint guardians. According to the regulations, there are two situations in which a guardianship is appointed:

1. When a minor or a mentally ill person has no close relatives or a close relative has lost the ability to take guardianship, the relevant unit or villagers' committee may appoint a guardian from among other close relatives or friends who are willing to assume guardianship responsibility;

2. When a dispute arises between close relatives over who should serve as guardian, the relevant units and organizations may conduct mediation and appoint a guardian from among them.

In the case of guardianship by way of designated guardianship, if the parties are not satisfied with the appointment, they may file a lawsuit with the people's court, and the people's court will make a judgment to maintain or revoke the original designation, and if the original designation is revoked by the judgment, the people's court shall appoint another guardian.

The following conditions need to be met to change the guardian:

1. Relevant individuals or organizations apply for change;

2. The original guardian has neglected to perform guardianship duties, carried out conduct that seriously harms the physical and mental health of the ward;

3. The subject of change must be a residents' committee, a villagers' committee, a school, a medical institution, etc., or a people's court;

4. Other conditions.

[Legal basis].

Article 36 of the Civil Code of the People's Republic of China.

In any of the following circumstances, the People's Court of Chaos is to revoke guardianship qualifications, arrange for necessary temporary guardianship measures, and appoint a guardian in accordance with law in accordance with the principle of benefiting 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.

The relevant individuals and organizations provided for in this article include other persons with guardianship qualifications in accordance with law, residents' committees, villagers' committees, schools, medical institutions, women's federations, disabled persons' federations, organizations for the protection of minors, lawfully established organizations for the elderly, civil affairs departments, and so forth.