Legal Representation of a Child in Westland

Legal Representation of a Child in Westland

In Westland, parents with parental authority bear the legal responsibility for making decisions on behalf of children under 18, such as entering contracts or managing assets. This article explains how it works for Westland residents, including rules on parental authority and guardianship. For details on parental authority in the region, see our article Parental Authority. For questions, contact Het Juridisch Loket Westland.

Legal Representation Explained

Under the Civil Code (Article 1:228), minors in the Netherlands—including in Westland—cannot perform independent legal acts because they are legally incapacitated. Parents with parental authority step in to protect the child and ensure proper upbringing. This includes everyday decisions, such as school enrollment in the Municipality of Westland, as well as major ones like medical treatments or asset disposals.

Parents take center stage, but if they die, become incapacitated, or lose authority, the Westland District Court appoints a guardian who operates under supervision.

Legal Basis

The rules are found in Book 1 of the Civil Code, Title 17 (Parental Authority) and Title 18 (Guardianship):

• Article 1:247 Civil Code: With joint authority, parents act together; one parent may handle day-to-day matters.
• Article 1:248 Civil Code: A sole parent with exclusive authority represents fully.
• Article 1:231 Civil Code: General rules for representing minors.
• Article 1:287 et seq. Civil Code: Guardianship when authority lapses.

The child's best interests always come first (UN Convention on the Rights of the Child, Article 3). Parental disagreement? The Westland District Court's sub-district judge decides (Article 1:253 Civil Code).

Who Represents the Child?

First choice: parents with parental authority. Automatic upon marriage; for unmarried parents via recognition and application (Article 1:251a Civil Code).

Guardian as backup. Westland District Court appoints in cases of:

• Death of both parents.
• Deprivation of authority (Article 1:260 Civil Code).
• Incapacity of a parent.

Family members or professionals from the William Schrikker Stichting act as guardians, subject to oversight by the sub-district judge (Article 1:300 Civil Code).

Comparison: Parental Authority vs. Guardianship in Westland

Rights and Duties of the Representative

Actions must serve the child's best interests:

• Rights:
  • Register with the Municipality of Westland or local schools.
  • Make medical decisions (exception for unwilling 16+ minors, Article 7:448 Civil Code).
  • Manage assets.
• Duties:
  • Involve the child in decisions (Article 1:247(3) Civil Code).
  • Avoid conflicts of interest (Article 1:249 Civil Code).
  • Report in guardianship cases.

Joint authority requires agreement on moves or school changes in Westland (Article 1:251 Civil Code).

Real-Life Examples from Westland

Example 1: Everyday. A single mother from 's-Gravenzande enrolls her 10-year-old in a local soccer club. No father input needed.

Example 2: Health Decision. Parents disagree on surgery for a 12-year-old from Naaldwijk. Westland District Court weighs the child's best interests.

Example 3: Guardianship. After parents' accident, aunt becomes guardian for child from Monster; she reports annually.

Example 4: Independence. 16-year-old from Westland takes a part-time job; can handle small contracts independently (Article 1:232 Civil Code).

FAQs for Westland Residents