In the absence of a parent having and exercising their full parental responsibility with respect to a child, a court will appoint a tutor to the child.
A court will appoint a tutor to a child immediately after it ascertains that it is a child who needs to have a tutor appointed. Unless it is contrary to the interests of the child, a court will appoint a person indicated by the parents to act as a tutor, unless that person refuses the tutorship. Otherwise, a court will appoint a relative or close person of the child or their family to act as a tutor, unless a parent has expressly excluded such person. In the absence of such person, a court will appoint another suitable individual to act as a tutor. A natural person appointed by a court to act as a tutor may refuse such appointment. The court will then appoint another person.
Only a person with full legal capacity whose way of life ensures they are able to properly discharge the office of a tutor may be appointed a tutor. Before appointing a person to act as a tutor, a court will ascertain whether the appointment of such person is not contrary to the interests of the child.
A court may also appoint two persons to act as tutors. This typically applies to spouses. Until a court appoints a tutor for a child, the tutorship is exercised by the child welfare authority as a public tutor.
In principle, a tutor has all the rights and duties towards the child as a parent, except the duty to maintain and support. Having regard to a person acting in the capacity of a tutor to a child or the child’s circumstances, as well as having regard to the reason why parents do not have all the rights and duties, the scope of rights and duties of a tutor may exceptionally be defined otherwise.
If the tutor is a person who personally cares for the child as if the child had been permanently entrusted to their care, they are entitled to material security as a foster parent.