As an unmarried father in Westland, you do not have parental authority over your child by default. From 2023, you automatically obtain parental authority upon recognition, but for earlier recognitions, you must apply for it separately via the court.
Automatic Parental Authority from 2023
From 1 January 2023, a father who recognises his child immediately receives joint parental authority with the mother. This applies only to recognitions after this date.
Applying for Parental Authority for Recognitions Before 2023
If you recognised your child before 2023, you must still apply for parental authority at the District Court of The Hague:
Joint Application (with the Mother's Consent)
- Download and complete the 'Joint Parental Authority Application' form.
- Both parents sign it.
- Send the form to the District Court of The Hague.
- No hearing required; parental authority is registered in the parental authority register.
Unilateral Application (without the Mother's Consent)
- Submit a petition via a lawyer.
- Explain why parental authority is in the child's best interests.
- The court assesses your application.
- The mother may lodge an objection.
- The judge makes a decision.
Criteria for Unilateral Application
The judge grants parental authority if:
- You have a relationship with your child.
- Parental authority promotes the child's well-being.
- There are no risks to the child's safety.
Access to the Parental Authority Register
Parental authority is recorded in the court's parental authority register. This register is public and can be viewed via rechtspraak.nl.
| Situation | Father's Parental Authority |
|---|---|
| Married at birth | Immediate parental authority |
| Registered partnership | Immediate parental authority |
| Recognition after 1-1-2023 | Automatic upon recognition |
| Recognition before 1-1-2023 | Application via District Court of The Hague |
Are there costs associated with applying for parental authority?
A joint application is free of charge. For a unilateral application, you pay court fees and lawyer's fees. With a low income, you may be eligible for subsidised legal aid.Can the mother block parental authority?
If the mother does not consent to joint parental authority, you can submit a unilateral application. The judge determines whether parental authority is in the child's best interests. The mother's refusal alone is not grounds for rejection.What is the duration of the procedure?
A joint application is often processed within a few weeks. A unilateral application usually takes 3 to 6 months, depending on any involvement of the Child Protection Board.Frequently Asked Questions about Parental Authority in Westland
How do I apply for parental authority if the mother consents?
Complete the 'Joint Parental Authority Application' form together and sign it. Send it to the District Court of The Hague. No hearing is required, and the parental authority is registered within a few weeks. This is free of charge.
What if the mother does not cooperate?
You can submit a unilateral application via a lawyer. Demonstrate that parental authority is in the child's best interests. The procedure takes an average of 3-6 months, and the mother may object.
What are the costs for applying for parental authority?
A joint application is free. For a unilateral application, you pay court fees (€100-€300) and lawyer's fees. With a low income, you may be eligible for subsidised legal aid via the Juridisch Loket Westland.
How long does it take to obtain parental authority?
For a joint application, it takes a few weeks. A unilateral application may take 3-6 months, depending on the case and any involvement of authorities.
Do I get automatic parental authority upon recognition before 2023?
No, only recognitions after 1 January 2023 grant automatic parental authority. For earlier recognitions, you must apply for parental authority at the District Court of The Hague.
What are the requirements for a unilateral application?
You must prove that you have a bond with your child, that parental authority benefits the child, and that there are no risks to the child. You can substantiate this with documents or statements.
How can I check my parental authority?
You can consult the parental authority register via rechtspraak.nl or contact the District Court of The Hague for more information.