Legal authority
Married parents automatically have joint legal authority. This continues even after divorce. Unmarried parents have legal authority only if the mother is the child's mother, unless the father has acknowledged the child. As of January 1, 2023, the unmarried and unregistered partner of the mother who has acknowledged the child also automatically obtains authority over the child. The parental authority register shows who has parental authority, and if this has been changed by a court decision, this is also recorded in the parental authority register.
If one of the parents has parental authority over a child, this means that this parent can, in principle, make all decisions. However, this does not mean that the other parent can be completely sidelined. For example, the parent with sole custody must take into account the interests of the parent without custody, especially when it comes to contact with his or her child. This should not be made impossible. The parent with custody also has a duty to inform the other parent.
Rights and duties
Parental authority entails not only a duty of care, but also responsibility for the physical and mental well-being of the child. Parents must encourage the relationship with the other parent and make important decisions about the child's upbringing together.
Parental disputes and changes in parental authority
When parents are unable to make decisions together, a dispute over parental authority may arise. This can be resolved through mediation or, if necessary, through the courts. In exceptional cases, the court may decide to grant sole custody to one parent if this is in the best interests of the child. In these situations, the assistance of an attorney experienced in custody and guardianship matters can be invaluable.
Guardianship of children in the event of the death of their parents
Who will take care of your children if you die?
It is an uncomfortable thought, but all the more important to consider: who will take care of your children if you die unexpectedly? While no one hopes that this scenario will become a reality, there are many examples of parents who unexpectedly leave their children behind. To ensure that your children are well cared for in such a situation, it is important to make your wishes known in a valid guardianship agreement well in advance.
Recording guardianship
Until 2014, guardianship after death had to be recorded in a will or a notarial deed. As of April 1, 2014, this process has been greatly simplified. Parents can now easily determine who will take custody of their children after their death by filling out a form in the Guardianship Registry. If you need legal assistance, you can consult a lawyer who specializes in making custody arrangements.
Rights and obligations of the guardian
It is important that parents discuss with the proposed guardian(s) in advance what guardianship entails and whether they are willing to take on the responsibility. After all, guardianship can have far-reaching consequences. There are also two types of guardianship: legal guardianship and joint guardianship.
- Legal entity guardianship: In this case, guardianship is given to a certified institution that is responsible for the care and upbringing of the child, but does not have to do so personally. For example, the child may be placed with a foster family. The guardian manages the child's assets under the supervision of the county court and may seek permission to use those assets for the child's support.
- Joint guardianship: This is when two people who are not the child's parents care for and raise the child themselves. Joint guardianship also includes a child support obligation. Living expenses cannot be paid out of the child's assets. Guardians usually receive child support and jointly manage the child's assets.
Acceptance of guardianship
Guardianship does not become effective until the appointed guardian formally accepts it. This is done by filing a declaration of willingness with the court registry.
Need legal advice? Our custody and guardianship lawyers are here to help
Our family law attorneys in The Hague are ready to advise you on matters relating to parental authority and guardianship. We can help you make the right decisions for your children's future. Whether you are involved in a dispute over parental authority, have questions about the parental authority register or need assistance in drafting a suitable guardianship agreement, you can count on our expert advice. Please do not hesitate to contact one of our family law attorneys.
