In sole parental authority, one parent has full responsibility for the child. This deviates from the standard of joint parental authority and is only granted if it is in the child's best interests.
When is Sole Parental Authority Granted?
A judge may decide on sole parental authority in situations such as:
- Serious communication problems between the parents
- Presence of domestic violence or child abuse
- Addiction problems or mental health issues with a parent
- Neglect of the child by one of the parents
- The child is caught between the parents (loyalty conflict criterion)
What Does the Loyalty Conflict Criterion Entail?
According to the law, sole parental authority may be awarded if there is a great risk that the child will be caught in a loyalty conflict or suffer harm due to conflicts between the parents, and if improvement in the short term is not likely.
What Does Sole Parental Authority Mean?
| Subject | Parent with Authority | Parent without Authority |
|---|---|---|
| Important Decisions | Decides independently on everything | Has no say |
| Legal Representation | Represents the child | No legal role |
| Contact with Child | Does not decide alone, child has right to contact | Retains right to contact |
| Duty to Inform | Must inform the other parent | Right to essential information |
How Do You Apply for Sole Parental Authority?
The procedure for sole parental authority in Westland proceeds as follows:
- Filing a petition through a lawyer with the District Court of The Hague
- Explaining why joint parental authority is not feasible
- The Child Care and Protection Board may provide advice
- Children from 12 years old are heard by the judge
- The decision is made in the child's best interests
Rights of the Parent without Authority
The parent without authority retains certain rights, such as:
- Regular contact with the child
- Access to information about school and health
- Consultation on important decisions
Does sole parental authority mean the other parent no longer has contact?
No, sole parental authority does not affect the right to contact. The parent without authority can still have contact with the child, unless the judge decides otherwise. The child has a right to contact with both parents.Is it possible to reverse sole parental authority?
Yes, if circumstances improve, the judge can be asked to restore joint parental authority, provided it is in the child's best interests.Can a father obtain sole parental authority?
Yes, both fathers and mothers can obtain sole parental authority. The judge assesses who is best able to care for the child.Frequently Asked Questions about Sole Parental Authority
How can I apply for sole parental authority in Westland?
You must file a petition through a lawyer with the District Court of The Hague. Explain why joint parental authority does not work, for example due to conflicts or risks to the child. The Child Care and Protection Board may be involved, and children from 12 years old are heard. The judge always decides based on the child's best interests. Provide supporting evidence, such as documents or statements.
What rights does the parent without authority have?
The parent without authority retains the right to contact with the child, unless restricted by the judge. In addition, you have the right to information about important matters such as education and medical situations. For major decisions, the parent with authority must consult you, although you do not co-decide.
Can sole parental authority be converted back to joint parental authority?
Yes, if the situation improves, you can ask the judge to restore joint parental authority. This must be in the child's best interests, for example if communication between parents has improved or a problem has been resolved. File a new petition through a lawyer.
Does sole parental authority affect the contact arrangement?
No, sole parental authority changes nothing about the right to contact, unless the judge explicitly limits it. The parent with authority can make practical arrangements, but may not arbitrarily refuse contact. In case of problems, a contact arrangement can be established via the judge.
What exactly does the loyalty conflict criterion entail?
The loyalty conflict criterion means that the child may suffer harm due to conflicts between the parents, for example through ongoing arguments or contradictions. The judge assesses whether this risk is unacceptable and whether short-term improvement is not realistic.
For legal advice in Westland, you can contact the Juridisch Loket Westland. Procedures regarding sole parental authority are handled by the District Court of The Hague.