EU Training for guardians of unaccompanied children

The limited legal capacity of the child refers to the fact that a child is not yet entitled by law to engage in legal activities and cannot be held liable for contractual obligations. Children under 18 years of age may reach legal capacity at different ages in regard to specific actions, for instance giving consent to certain medical treatments or obtain voting rights in local elections. National law defines where this is the case. 

The guardian has a duty to complement the limited legal capacity of the child. This means to legally represent and assist the child in all actions where the child’s legal capacity is limited by national law, in accordance with the age of the child. The guardian is tasked to complement the child’s limited legal capacity in all civil, administrative or judicial proceedings. In some legal proceedings, the child will require in addition a professional lawyer to represent the child.^[1]