A special guardian ad litem (bijzondere curator) can represent a child when the child’s interests conflict with those of a parent with parental authority or a guardian. The court assesses whether such representation is necessary and sets out the mandate. The special guardian ad litem acts in the interests of the child, not those of either parent. In parentage cases, there is a separate statutory arrangement for the representation of a minor child.
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Written by Öznur Batur, attorney at Arslan Advocaten, practising in personal and family law. Registered in the specialisation register of the Netherlands Bar for personal and family law and criminal law. Last updated: 19 September 2026. General information is not legal advice on your own situation.
A special guardian ad litem is therefore not automatically the solution to every conflict between parents. The question is which conflict of interests affects the child, why the ordinary representation falls short and what a guardian ad litem would specifically need to do. Below you can read how that assessment works and what information can support an application.
Who does the special guardian ad litem work for?
The special guardian ad litem stands up for the child within the mandate given by the court. This may concern care and upbringing, but also property. The guardian ad litem can speak with the child and the people involved, gather information and present a position to the district court. Depending on the mandate, steps outside the proceedings may also be necessary.
A parent who asks for an appointment does not thereby determine which conclusion the guardian ad litem must reach. The advice may differ from what both parents want. That is precisely part of the independent representation of the child.
Moreover, the guardian ad litem does not simply replace the parents in exercising parental authority. It is a defined form of representation for the matter to which the appointment relates. Who may take important decisions must be established on the basis of the court decision (beschikking) and the existing parental authority situation.
When can Article 1:250 of the Dutch Civil Code be used?
Article 1:250 of the Dutch Civil Code (BW) concerns a conflict of interests between the minor child and the parent or parents with parental authority, or a guardian, relating to care, upbringing or property. The court assesses whether an appointment is necessary in the interests of the child and takes into account the nature of that conflict of interests.
One example is a dispute about money that belongs to the child, while the parent who represents the child is claiming that money for themselves. In a far-reaching conflict about care or residence, too, the child’s own position may be insufficiently represented.
Not every argument about upbringing or dissatisfaction with a decision makes a guardian ad litem necessary. An application must explain why this situation requires more than an ordinary conversation with the child, consultation between the parents or the existing proceedings. The statutory requirements must be clearly reflected in the reasoning.
What is different in parentage cases?
In parentage cases, Article 1:212 of the Dutch Civil Code applies. A minor child who acts as applicant or interested party in such cases is represented by a special guardian ad litem appointed by the district court. Examples include proceedings concerning recognition, annulment of recognition or judicial establishment of parenthood.
This representation should not be confused with an application under Article 1:250 of the Dutch Civil Code. The legal basis and the purpose differ. In parentage cases, the child’s own position must be safeguarded when a decision is made about who is the legal parent.
The Dutch judiciary (de Rechtspraak) states that the special guardian ad litem in parentage cases is a lawyer. In other conflicts of interests, other expertise may also be relevant. Which person is appointed depends on the subject matter and the mandate.
For the substance of those proceedings, also read about substitute consent for recognition and judicial establishment of parenthood.
Is a special guardian ad litem the same as a children’s lawyer?
The terms may be used interchangeably in conversation, but the specific legal role is what counts. A special guardian ad litem receives a mandate from the court. That mandate may include investigation, interviews, representation and reporting. The guardian ad litem may be a lawyer, but for certain mandates may also be another expert.
A parent’s lawyer works for that parent and therefore cannot simply represent the opposing interests of the child at the same time. A youth protection worker has yet another task. Nor is a mediator or therapist automatically the child’s representative in the proceedings.
If anything is unclear, ask who is acting for whom and what mandate has been given. This prevents expectations that do not fit the role, for example that the guardian ad litem must strengthen one parent’s case or can change an existing care arrangement on their own.
Who can ask for an appointment?
An interested party can ask the court to make an appointment. Whether someone is an interested party depends on their position and the subject matter. In pending proceedings, the court can also appoint a special guardian ad litem of its own motion.
According to the Dutch judiciary, a child can send a letter to the district court themselves to draw attention to the need for a special guardian ad litem. The child does not need to instruct a lawyer first for that letter. This does not mean that a child must carry out all subsequent procedural steps independently.
As a parent or other interested party, you should have it assessed how the application should be submitted in your situation and what representation is needed. If proceedings are already pending, state the case number and tailor the application to those proceedings. In a property matter, the subdistrict court judge (kantonrechter) may have a role.
How do you make the conflict of interests concrete?
A useful application first describes the matter: for example a care arrangement, a relocation or a claim to the child’s money. It then explains where the interests of the legal representative differ from those of the child. Next, state why that representative cannot adequately represent the child on that point.
Support this with relevant facts and documents. These may include a court decision, a proof of ownership or payment, or correspondence showing the conflicting positions. Avoid a file that consists mainly of general accusations against the other parent.
Conclude with a proposal for the mandate. What should the guardian ad litem investigate or do? Which decision is pending, and when? A focused mandate helps prevent the appointment from raising expectations that fall outside the proceedings.
An example involving a child’s property
A minor child has received a sum of money. The parent manages the money and claims that part of it is due to him because of costs he paid earlier. The child cannot simply have their own position assessed through that same parent.
In such a situation, management, accounting and representation may be separate questions. A special guardian ad litem may be a possible route if the requirements are met. The appropriate court and mandate depend on the matter. This is a fictitious example and not an opinion on any specific settlement of property.
An example involving a conflict about the care arrangement
Two parents are litigating about a far-reaching change to the care arrangement. They both say they know what the child wants, but the child does not dare to speak freely to either of them. There may be reason to examine whether an independent representative is needed.
That does not yet mean that a special guardian ad litem will be appointed. The court can assess whether the conversation with the child and other available information are sufficient. The application must make clear why the specific conflict of interests requires more. This example is also fictitious.
What happens after the appointment?
The court decision sets out the mandate. The guardian ad litem can hold conversations with the child, the parents and other relevant people involved. The way of working must suit the child’s age, development and situation. Not every child can or wants to express their wishes in the same way.
The guardian ad litem examines both what the child wants and what is in the child’s interests. These need not be the same in every situation. The final report must make clear to the court what information has been gathered and what conclusion is drawn from it.
Parents can usually respond to the report within the rules of the proceedings. A difference of opinion with the guardian ad litem does not automatically invalidate the appointment. However, specific inaccuracies or unclear reasoning can be brought to the attention of the court.
How do you cooperate as a parent without steering the child?
Provide relevant documents and answer questions factually. Explain to the child that the guardian ad litem is there to understand and put forward the child’s own interests. Avoid telling the child what to say or which parent should be proved right.
Leave room for a position you find difficult. A child may feel loyalty to both parents or want a different solution from the one you want. By not treating the conversation as an examination of witnesses for your own case, you increase the chance that the child can express themselves freely.
Discuss procedural concerns with your own lawyer, who can assess how you should respond to a report or proposal. The special guardian ad litem does not have to take on the role of adviser to the parents.
Costs and legal assistance
The fee of the special guardian ad litem and the costs of your own legal assistance are separate matters. The Dutch judiciary provides information about the procedure and costs. Whether subsidised legal aid (toevoeging) can be granted for your own application must be examined separately.
Ask in advance who will carry out which work and how the costs will be dealt with. Do not assume that the appointment covers all future proceedings or investigations. The mandate may be completed while other disputes between the parents still exist.
For an overview of how legal help can be funded, you can read about the costs of a family law lawyer and subsidised legal aid.
What happens if the court does not make an appointment?
A refusal does not automatically mean that the child’s views or interests do not count. The court can take them into account in another way within the ordinary proceedings. Ask your lawyer what the reason for the refusal is and whether another route or a supplementary step is appropriate.
The options for challenging a decision depend on the type of decision and the proceedings. Have this assessed immediately if a time limit may be running. A new application with the same general assertions is not necessarily a solution.
Even after an appointment, it remains the court that decides on the applications submitted to it. Advice from the guardian ad litem is no substitute for a court ruling.
Frequently asked questions
Does every child get a special guardian ad litem in a divorce?
No. In an ordinary divorce case, there is no automatic appointment simply because there are children. For an appointment on the grounds of a conflict of interests, the necessity must be assessed.
Can my child ask for a guardian ad litem themselves?
According to the Dutch judiciary, the child can send a letter about this to the district court. The court assesses the situation. The child does not first have to organise complete proceedings independently.
Can I decide who is appointed?
You can discuss a proposal, but the court decides on the appointment and the mandate. The person must be suitable to represent the child independently.
Does the guardian ad litem have to do what my child says?
The guardian ad litem examines both the wishes and the interests of the child and accounts for this within the mandate. The guardian ad litem is not merely a conduit for a single statement by the child.
Do I lose my parental authority because of an appointment?
An appointment does not automatically end your parental authority. The guardian ad litem represents the child for the matter described by the court. Read the court decision for its precise scope.
Is a separate application always needed first in cases of recognition?
For a minor child who acts as applicant or interested party in a parentage case, Article 1:212 of the Dutch Civil Code contains its own arrangement. The district court appoints the guardian ad litem in those proceedings. Discuss with your lawyer which situation applies.
Would you like to know whether independent representation of your child is needed? Contact Arslan Advocaten and state which proceedings are pending and where, in your view, the conflict of interests lies.
Read also
- Contact arrangement not complied with
- Relocating with your child after a divorce
- Consent for a holiday with your child
- Applying for sole parental authority
- All information about family law
Sources and legal basis
- Dutch Civil Code, Book 1, Articles 250 and 212.
- The Dutch judiciary on the special guardian ad litem and the application procedure.
