Parental authority gives parents legal responsibility for the upbringing and care of their minor children. Parental authority involves significant rights and obligations, including making decisions about the child’s residence, school choices, and healthcare. This article provides a comprehensive overview of parental authority in the Netherlands, from the application process to authority after divorce.
What is Parental Authority?
Parental authority is the legal capacity of parents to make decisions about their children’s upbringing. It includes responsibility for care and upbringing, including financial obligations and legal representation of the child. If a child is under 18, parents with authority have a duty to ensure that their child grows up in a safe environment.
Automatic Parental Authority
In the Netherlands, biological mothers automatically have parental authority over their children. For fathers and co-mothers, it depends on their relationship with the mother:
- In case of marriage or registered partnership: If the father or co-mother is married or has a registered partnership with the mother at the time of the child’s birth, both parents automatically have joint authority.
- Upon recognition of the child (after January 1, 2023): Unmarried and non-registered partners automatically get joint parental authority if the father or co-mother acknowledges the child. This is a significant change in the law as of January 1, 2023.
Did you acknowledge your child before January 1, 2023 without being married or entering a registered partnership? Then you do not have automatic authority and must apply for it separately.
Applying for Parental Authority
If there is no automatic parental authority, for example in situations where the parents are unmarried and the child was acknowledged before January 1, 2023, parental authority must be applied for separately.
Applying for Authority via DigiD
Parents who agree on the authority can simply apply for it online through the digital counter of the Judiciary. This can be done without a lawyer. You just both need a DigiD to log in and fill out the form.
Applying for Parental Authority at the Court
In situations where parents disagree on the authority, a parent can submit a request to the court to obtain the authority. A lawyer is required in this case. The judge assesses the request based on the child’s best interest and can decide to assign or refuse the authority. Often, advice is also sought from the Child Protection Board.
Joint Parental Authority
Joint parental authority means that both parents have equal rights and obligations regarding the upbringing and care of their children. This means that important decisions about the child must be made jointly. Think of school choice, medical treatments, and the child’s place of residence. Parents are jointly responsible for the finances and the upbringing.
After a divorce, both parents usually retain joint authority, unless the judge decides otherwise. This also applies to unmarried parents who have applied for joint authority.
Sole Authority
In some cases, a parent can apply for sole authority, where only one parent is responsible for the child’s upbringing and care. This can happen, for example, if communication between parents is seriously disrupted or if one of the parents is unreachable, for instance because they live abroad.
Sole authority can only be granted if there is an unacceptable risk of the child becoming “stuck or lost” between the parents, or if it is in the child’s best interest that only one parent exercises authority.
Parental Authority After Divorce
After a divorce, both parents usually retain joint parental authority. This means that both parents stay involved in important decisions about the child, even if the child primarily lives with one of the parents. Only if the judge decides that one parent gets sole authority, can this be changed.
Parents can agree on the division of care and upbringing, generally documented in a parenting plan. If the parents can’t agree, the judge can decide which parent gets the authority or how care and upbringing are arranged.
Parental Authority and the Authority Register
In the Netherlands, decisions about parental authority are registered in the authority register. This shows who has authority over a minor child. An extract from the authority register can be requested by a lawyer and provides clarity about who exercises authority over the child.
Authority for Step-Parents or Non-Parents
In some cases, someone other than the biological parents can gain parental authority, for example a step-parent. This can only happen if the step-parent has cared for the child for at least one year and the biological parent has had sole authority for already three years. The judge assesses whether it is in the child’s best interest for the step-parent to get co-authority.
How Can Arslan Advocates Help You?
At Arslan Advocates, we understand the importance of carefully addressing legal issues around parental authority while keeping the child’s best interest in mind. Whether you want to apply for joint authority, have problems with your ex-partner about the authority, or want to submit a request for sole authority, our family law lawyers are ready to help you.
- Advice about parental authority and guardianship
- Guidance in applying for authority
- Support in authority conflicts after divorce
- Legal steps for sole authority
Contact us today for a non-binding consultation.
