Joint parental authority means that both parents jointly bear the responsibility for the upbringing and crucial choices regarding their child. In the Netherlands, this is the standard rule for married parents and often remains in effect after a divorce.
When does joint parental authority apply?
Joint parental authority is automatically granted in the following situations:
- Parents who are married at the birth of the child
- Parents with a registered partnership
- Recognition by the father after 1 January 2023 (automatic authority)
Even after a divorce, joint parental authority remains in principle in effect.
What does joint parental authority entail?
Under joint parental authority, parents must decide together on important matters, such as:
| Subject | Explanation |
|---|---|
| Choice of school | Consent of both parents is required |
| Medical interventions | Both parents must give permission |
| Relocation of the child | Consultation and often approval required |
| Application for passport/ID | Signing authority of both parents |
| Financial decisions | Decide together on major expenses |
Joint parental authority after a divorce in Westland
Even after a divorce, joint parental authority remains the norm. This means:
- Both parents retain their parental authority rights
- Major decisions are made in consultation
- The parenting plan provides a practical implementation
- Sole parental authority is only granted in exceptional cases
What to do in case of disagreement?
If parents with joint parental authority cannot agree, they can take the following steps:
- Try to resolve the conflict themselves
- Engage a mediator for guidance
- Ask the court for a ruling (for example, substitute permission)
Day-to-day choices
For daily matters, no consultation is required. The parent with whom the child is at that moment decides on:
- Bedtimes and meals
- Routine activities
- Clothing choice
- Schoolwork
May my ex-partner relocate with our child without my permission?
Under joint parental authority, the parent who wishes to relocate must obtain permission from the other parent. If this permission is refused, the court can be approached for substitute permission. The child's best interests are central here, as well as the impact on both parents.What if my ex excludes me from decisions?
You can remind your ex-partner in writing of the obligation to involve you. If this has no effect, you can ask the court to intervene, for example by undoing a decision or imposing an arrangement.Is it possible to terminate joint parental authority?
Yes, at the request of a parent, the court can convert joint parental authority to sole parental authority. This only happens if it is in the child's best interests, for example in cases of serious conflicts or if joint parental authority proves unfeasible.Frequently asked questions about joint parental authority in Westland
How does joint parental authority function after a divorce?
After a divorce, joint parental authority generally remains applicable. Both parents remain involved in important choices, such as education, healthcare, and residence. The parenting plan regulates the practical execution. Only in rare cases, such as major conflicts, can sole parental authority be considered.
Can my ex relocate with our child without permission?
No, under joint parental authority, permission from both parents is required for a relocation. If refused, the court can grant substitute permission, taking into account the child's best interests and the consequences for the parents.
What if my ex does not involve me in choices?
You can point out to your ex-partner in writing the obligation to consult. If this does not help, you can ask the court to reverse a decision or establish an appropriate arrangement.
Which choices may I make independently?
If the child is with you, you may independently decide on day-to-day matters such as bedtime, food, clothing, and daily activities. For major decisions, consultation with the other parent is always required. If in doubt, you can seek advice from a legal expert, for example via the Juridisch Loket Westland.
How do I apply for sole parental authority?
You can submit a request to the District Court of The Hague (district) to convert joint parental authority to sole parental authority. This is only granted if joint parental authority is not in the child's best interests, for example in cases of serious problems or incapacity of the other parent.