Divorce or a dispute about your children?
A Dutch divorce requires a lawyer. With minor children a parenting plan is required as well.
- Authority, main residence and contact are three separate things. We explain which applies to you.
- Moving abroad with your child without the other parent’s consent can be unlawful, even if you have authority.
- Call us or send us your situation and we will tell you what to expect.
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A measure terminating parental authority means that a parent is no longer entitled to take the decisions that come with parental authority. The district court can impose this child protection measure only on a statutory ground. An application by the Child Care and Protection Board (Raad voor de Kinderbescherming) is therefore not yet a final decision. You can respond to the application, have incorrect information corrected and have it assessed whether the proposed measure is necessary.
Nederlands: Lees dit artikel in het Nederlands: Gezagsbeëindiging: verweer voeren en herstel van gezag onderzoeken
Türkçe: Bu makaleyi Türkçe okuyun: Velayetin sona erdirilmesi: savunma yapmak ve velayetin iadesini araştırmak
Written by Öznur Batur, attorney at Arslan Advocaten. 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.
Have you received an application or a summons to attend a hearing? Note the hearing date and contact the assigned lawyer, or a lawyer who can assess the case, straight away. Preparing requires more than explaining that you love your child. What matters is the threat to the child’s development, your ability to bear responsibility and the period that is acceptable for your child.
Termination of parental authority is not the same as sole parental authority
After a divorce, parents may be in dispute about joint or sole parental authority. That is a different question from termination of parental authority as a child protection measure. A family supervision order (ondertoezichtstelling, OTS) and an authorisation for out-of-home placement are also separate decisions with their own conditions.
Under a family supervision order, parents in principle retain parental authority, while a certified institution provides supervision and guidance takes place. An out-of-home placement determines where the child lives within the applicable framework. Termination of parental authority, by contrast, affects the lasting decision-making power of the parent concerned.
So check exactly which application is before the court. A statement of defence against the extension of an out-of-home placement is not automatically a sufficient response to an application to terminate parental authority. If necessary, first read the explanation of family supervision orders and out-of-home placement.
On what grounds can the court terminate parental authority?
Article 1:266 of the Dutch Civil Code (BW) provides for two grounds. The first concerns a serious threat to the child’s development, where the parent is unable to bear responsibility for the child’s care and upbringing within a period that is acceptable in view of the child’s person and development. The second ground is abuse of parental authority.
The first ground therefore requires an assessment of several interrelated elements. What specific threat exists? What care and upbringing does this child need? What can the parent change now, and within what period? Why would that period be too long for the child?
A general finding that the upbringing is proving difficult does not automatically answer those questions. Conversely, the court does not have to wait for every improvement that a parent still considers possible in the long term. The child’s needs and development help determine how much uncertainty is justifiable.
What does the acceptable period mean?
There is no fixed period that is the same for every child. Age, development, past events and the need for stability may be taken into account. The assessment must be tailored to the individual child. The mere lapse of a certain period away from home is not the full statutory test.
For the defence, what matters is which development in the parenting situation can be shown to have taken place. Was help offered and actually available? Were the agreed goals clear? Are there evaluations and observations that show the parent’s current abilities? How do those findings relate to the conclusion in the Board’s report?
A concrete plan sets out which tasks the parent can handle, what support is lastingly available and how the child’s safety can be safeguarded. The plan must be realistic. A promise without practicable steps offers little answer to a well-founded concern.
Who applies for termination of parental authority?
The Child Care and Protection Board usually makes the application after an investigation. The Public Prosecution Service may also be authorised to do so. In addition, the law provides, subject to conditions, an option for a foster parent where the Board does not make an application. The precise power to apply follows from Article 1:267 of the Dutch Civil Code.
The application is often preceded by a period of family supervision and out-of-home placement, but that sequence is not mandatory in every situation. So do not assume that an application is only possible after a certain number of extensions have been granted.
Ask for the application, the Board’s report and all the annexes on which the application is based. Compare them with earlier court decisions and evaluations. This shows what was established earlier, which goals were set and what the current conclusion is based on.
How do you prepare a substantive defence?
Start with a short timeline. Note when concerns arose, what help was started, which decisions were taken and what changes have occurred since then. Then make clear, for each important part of the application, whether you dispute the facts, dispute the legal conclusion or wish to provide additional information.
An incorrect address, wrong date or incompletely reported conversation may be relevant, but not every administrative error changes the outcome. Prioritise points that say something about the parenting situation, safety and the prospects for improvement. State where the correction can be verified.
A lawyer can build the defence around the statutory criteria. This prevents the hearing from being taken up entirely by a conflict with a staff member, while the court has to decide about your child. A complaint about how you were treated and a legal defence can exist side by side, but they serve different purposes.
Which documents are important?
Gather the most recent court decisions, the application and report, the support plan and recent evaluations. Relevant information from therapists or support workers can also help if it says something about the specific concerns. Where possible, ask for factual observations and avoid statements that contain only a general expression of support.
Make clear which documents are missing. If a report says that help was not followed while you did take part, invitations, attendance records and evaluations can clarify this. If help was not available, information about waiting lists or cancelled programmes may be relevant.
Share documents with your lawyer and agree what will be submitted to the district court. A large volume of unsorted messages does not make a file stronger. It must be easy for the court to see which information supports a specific assertion.
Can an independent expert be requested?
In cases concerning family supervision orders and termination of parental authority, Article 810a(2) of the Dutch Code of Civil Procedure (Rv) offers the possibility of having an expert appointed at a parent’s request. Relevant factors include whether the investigation may contribute to the decision and whether the interests of the child preclude it.
Such a request must contain a targeted research question. What expertise is needed? Which doubt about the existing investigation can it answer? And why could the investigation make a difference to the decision? Merely asking for a new assessment because the existing conclusion is unfavourable does not yet make clear what needs to be investigated.
Also discuss the burden on the child and the time the investigation will take. A request for an expert is part of the litigation strategy and offers no guarantee that it will be granted or of a particular outcome. The court decides within the statutory framework.
What happens at the hearing?
The court discusses the application, the report and the response of those involved. Your lawyer can explain the legal defence. Prepare above all what you want to clarify on the facts and which practicable solution you propose. Answer questions as concretely as possible.
The child may also be involved. The current information from the Dutch judiciary (Rechtspraak) about the conversation with the child must be followed. The child’s views are relevant, but the child does not bear responsibility for the decision. It is therefore undesirable to instruct the child on what to say to the judge.
After the hearing, ask which decision you can expect and when, and which arrangements apply in the meantime. If an oral decision is given, it must be clear what it means and what written confirmation will follow.
Are you entitled to free legal assistance?
For termination of parental authority, the Dutch judiciary refers to a scheme under which parents, subject to the applicable conditions, receive free assistance from a lawyer. The district court finds a lawyer for this purpose. If you already have a lawyer or want a different one, ask that lawyer to contact the district court to assess whether they can act within the scheme.
Do not assume that every lawyer you choose, every follow-up procedure and every additional service is automatically covered by the same funding. Have the applicability and scope confirmed at the outset. Where the parents’ interests conflict, separate legal assistance may be needed.
Most importantly, an unclear cost position should not stop you from responding to a summons in time. Ask the district court or a lawyer straight away how legal assistance has been arranged for the procedure you have received.
What are the consequences of a decision?
Upon termination, the parent concerned loses the power to take the decisions that come with parental authority. Who then exercises parental authority or guardianship depends on the situation and the decision. Legal parenthood does not automatically disappear as a result.
Contact and information must also be assessed separately. Termination of parental authority does not, without a further decision, mean that all contact with the child is ruled out. Conversely, retaining legal parenthood does not give an unlimited right to every form of contact or information, regardless of the interests of the child and existing arrangements.
So have the court decision explained to you part by part. Which powers change? Which contact arrangements remain in force? To whom can you address questions? And which next step is legally possible?
Appeal and restoration of parental authority
If you disagree with the decision, discuss immediately whether an appeal is available, which time limit applies and what is needed for it. The applicable time limit and the moment it starts must be checked against your position and the court decision. Do not wait until you have processed all your feelings about the ruling.
Restoration of parental authority is a different route from an appeal. Article 1:277 of the Dutch Civil Code allows, subject to conditions, a parent whose parental authority has been terminated to have it restored. The requirements include that restoration is in the interests of the child and that the parent is lastingly able to bear responsibility for the child’s care and upbringing.
An improvement in your own circumstances is therefore relevant, but does not automatically make restoration appropriate. The child’s situation and development must also be taken into account. An application for restoration requires up-to-date substantiation, not merely a repetition of the defence against the original decision.
Fictitious example
A parent receives an application to terminate parental authority stating that agreed treatment was not followed. It turns out that the parent did take part, but the latest evaluation is missing from the report. The lawyer requests the document and then examines whether the results change anything about the parenting abilities within the period relevant to the child.
That missing document does not guarantee that the application will be rejected. It may, however, be essential for a decision based on the current situation. The example shows why a targeted factual defence matters.
Frequently asked questions
Does the youth protection worker decide on terminating my parental authority?
The district court decides on the measure terminating parental authority. The position of an institution or the Board is not the same as the court’s decision.
Do I automatically lose parental authority after a long out-of-home placement?
No. Termination of parental authority requires its own statutory ground and a judicial assessment. The duration and consequences of the placement may, however, be relevant.
Do I have to challenge the entire Board report?
No. Focus on the facts and conclusions that make a difference to the statutory test. Acknowledge where information is correct and substantiate specifically what is incorrect or incomplete.
Can I choose my own lawyer?
Discuss this with the district court and the lawyer of your choice. For free assistance under the applicable scheme, the lawyer must meet the conditions that apply to it.
Am I no longer a parent after termination of parental authority?
Parental authority and legal parenthood are different concepts. Termination of parental authority does not in itself sever the legal parentage tie.
Can I regain parental authority later?
The law provides for restoration of parental authority, but only subject to conditions. A lasting improvement and the interests of the child must be substantiated in concrete terms.
Have you received an application or court decision? Contact Arslan Advocaten and state the hearing date, any appeal deadline and whether a lawyer has already been assigned.
Read also
- Family supervision order (OTS)
- Out-of-home placement: defence and ending the placement
- Special guardian ad litem (bijzondere curator) for your child
- All information about family law
Sources and legal basis
- Dutch Civil Code, Book 1, Articles 266, 267 and 277.
- Dutch Code of Civil Procedure, Article 810a.
- The Dutch judiciary on termination of parental authority and the procedure.
