Joint Request for Parental Authority in Westland
In Westland, unmarried parents can submit a joint request to the kantonrechter of the Rechtbank Westland for parental authority over their child(ren). This is essential after the father's acknowledgement, enabling both parents to make equal decisions on upbringing, care, and the child's future plans. Local parents from Naaldwijk, Monster, or Poeldijk frequently use this option.
What does joint parental authority mean?
Under joint parental authority, both parents make equal decisions on matters such as residence, medical care, school choice, and religious or philosophical upbringing. Married couples or registered partners have this automatically, but for unmarried mothers, only her authority applies at birth (art. 1:251(2) Dutch Civil Code Book 1 BW). The father first acknowledges the child and then applies jointly via the Rechtbank Westland.
Legal basis
The procedure is governed by Book 1 BW:
- Art. 1:251 BW: Standard joint authority for parents.
- Art. 1:253 BW: Mother has sole authority initially for unmarried parents.
- Art. 1:253b BW: Joint request to the kantonrechter if the child is under 12.
- Art. 1:261 BW: Filing the petition.
The kantonrechter assesses whether it serves the child's best interests. Since the 2014 legislative amendment, joint authority is the default, unless there are serious objections.
When to file a joint request in Westland?
This is appropriate for:
- Unmarried parents after acknowledgement at the Gemeente Westland.
- Parents previously granted sole authority.
- Biological parents in blended families.
File after acknowledgement, preferably as early as possible. For children aged 12 or older, their written consent is required (art. 1:253c BW). Contact Het Juridisch Loket Westland for advice.
Step-by-Step Procedure in Westland
Here's how it works:
- Preparation: Complete the form together via rechtspraak.nl. Het Juridisch Loket Westland provides free assistance.
- Filing: With the kantonrechter of the Rechtbank Westland, in the district of your residence. Court fee: €85 (2023).
- Hearing: Usually within 4-6 weeks; parents are heard, possibly with input from the Raad voor de Kinderbescherming.
- Decision: Within 8 weeks, followed by registration in the BRP of the Gemeente Westland.
Average processing time: 2-3 months if agreed.
Comparison: Sole vs. Joint Authority
| Sole Authority | Joint Authority | |
|---|---|---|
| Powers | One parent alone | Equal decision-making; disputes via court |
| Child's Best Interests | Only if joint impossible | Preferred; promotes parental involvement |
| Procedure | Unilateral | Joint application |
Rights and Obligations
Rights:
- Equal decision-making (art. 1:247-1:251 BW).
- Both parents involved with schools or healthcare providers.
- Automatic information from authorities.
Obligations:
- Cooperate for the child's benefit.
- Consult on disagreements; use mediation or court.
- Share costs and care.
Practice Examples from Westland
Example 1: Lisa and Mark from 's-Gravenzande acknowledge their baby at the Gemeente Westland and request authority. The court approves due to their stable situation.
Example 2: Divorced parents from Kwintsheul restore joint authority after mediation via Het Juridisch Loket Westland.
Example 3: In conflicts, the Rechtbank Westland rejects if involvement is lacking.
Frequently Asked Questions
Possible after divorce in Westland?
Yes, if agreed and in the child's best interests (art. 1:253b BW). Try mediation through local services.
What if withdrawn?
Rejection; the other parent can apply for sole authority with evidence.
Costs and lawyer?
€85 court fee; no lawyer needed for simple cases, but advisable in disputes (legal aid via Raad voor Rechtsbijstand).
Child 12+?
Written consent required (art. 1:253c BW). No consent means no approval.