In exceptional cases, the court in Westland may terminate parental authority. This drastic step is taken exclusively when it serves the child's well-being.
When is parental authority terminated?
The court may decide to terminate authority if:
- There is serious neglect or abuse of the child
- The parent is unable or unfit to exercise the authority
- The child's development is seriously threatened
- A supervision order (OTS) has insufficient effect
Difference between termination, suspension, and old terms
| Measure | Characteristics |
|---|---|
| Suspension | Temporary measure during an investigation or case |
| Termination | Permanent decision, requested by Council or prosecutor |
| Discharge (obsolete) | Term replaced by termination since 2015 |
| Deprivation (obsolete) | Term replaced by termination since 2015 |
Who can file a request for termination?
- The Child Care and Protection Board
- The Public Prosecution Service (public prosecutor)
- A certified youth protection institution
Parents or family members cannot file a request themselves, but they can report to the Child Care and Protection Board.
Steps in the procedure
- The Child Care and Protection Board conducts a thorough investigation
- A petition is filed with the District Court of The Hague
- The judge speaks with all involved parties, including the child
- A guardian is appointed, often a certified institution
- The decision is registered in the parental authority register
What are the consequences?
Upon termination of authority:
- The parent loses the role of legal representative
- The guardian takes all decisions regarding the child
- The right to contact remains in principle
- The maintenance obligation for the parent remains in place
Is restoration of authority possible after termination?
Although a parent can in theory request restoration of authority, this rarely occurs in practice. It is only considered in the event of significant improvement in the situation and if it benefits the child.What distinguishes this from out-of-home placement?
In out-of-home placement, the parent retains authority, but the child lives elsewhere. Termination of authority means the parent completely loses authority to a guardian. Out-of-home placement is less intrusive.Is contact with my child still possible?
Even after termination of authority, a parent generally has the right to contact with the child. However, this can be restricted by the court or guardian if it is better for the child.Frequently asked questions about termination of authority in Westland
How long does a procedure for termination of authority take?
This process often takes several months, depending on the situation. The Child Care and Protection Board first conducts an investigation (4-12 weeks), followed by a hearing at the District Court of The Hague. The judgment usually follows within a few weeks. In urgent cases, it can be faster. It is advisable to seek legal assistance, for example via Juridisch Loket Westland.
Can I appeal against termination?
Yes, you can appeal within three months after the judgment. A lawyer can assist you in filing this appeal. During the appeal procedure, the termination remains in effect. The court of appeal reconsiders the case and may adjust or revoke the decision.
What does a procedure for termination of authority cost?
The costs vary per situation. If the Council or Public Prosecution Service initiates the procedure, there are no court fees. Lawyer costs can add up, unless you qualify for subsidized legal aid via the Netherlands Council for the Judiciary. Inquire about this at Juridisch Loket Westland.
How can I get my authority back?
Restoration of authority is possible but rare. You must prove that the circumstances have improved and that restoration is in the child's best interest. This request must be filed with the court via a lawyer, with all parties being heard again.
What happens to my child after termination?
Your child comes under guardianship, often of a certified institution. This guardian makes decisions on matters such as education, care, and residence. You are no longer the legal representative, but you usually retain the right to contact.