In exceptional cases, a judge in Leiden may terminate parental authority. This is a drastic step taken only when required for the child's well-being.
When is parental authority terminated?
A judge may decide to terminate authority in the following situations:
- Serious neglect or abuse of the child by the parent
- Incapacity or unsuitability of the parent to exercise authority
- Serious threat to the child's development
- Insufficient effect of a supervision order (OTS)
Difference between termination, suspension, and old terms
| Type of measure | Characteristics |
|---|---|
| Suspension | Temporary measure during an investigation or case |
| Termination | Permanent measure, requested by Council or prosecutor |
| Discharge (obsolete) | Replaced by termination since 2015 |
| Deprivation (obsolete) | Replaced by termination since 2015 |
Who can file a request for termination?
- Council for Child Protection
- Public Prosecution Service (public prosecutor)
- Certified youth protection institution
Parents or family members cannot file a direct request, but can report to the Council.
Steps in the procedure
- Investigation by the Council for Child Protection
- Filing of a petition with the court
- Hearing where all parties, including the child, are heard
- Appointment of a guardian, often a certified institution
- Registration of the judgment in the parental authority register
What are the consequences?
Upon termination of authority:
- The parent loses legal representation
- The guardian takes over all responsibilities
- Contact with the child usually remains possible
- The maintenance obligation remains in force
Is restoration of authority possible?
It is in principle possible to request restoration of authority, but it is rare. It must be clear that the situation has significantly improved and that restoration benefits the child.How does this differ from out-of-home placement?
In out-of-home placement, the parent retains authority, but the child lives elsewhere. Termination of authority means the parent completely loses authority to a guardian. Out-of-home placement is less intrusive.Do I still have the right to contact after termination?
In most cases, you retain the right to contact with your child, unless the judge or guardian determines that it is not in the child's best interest.Frequently asked questions in Leiden
How long does a termination procedure take?
The duration varies, but it usually takes several months. The Council for Child Protection first conducts an investigation (4-12 weeks), followed by a hearing at the District Court of The Hague, Leiden location. A judgment typically follows within a few weeks. Urgent cases can be handled faster. Legal assistance via a family law attorney is recommended.
Can I appeal against the termination?
Yes, within three months of the judgment, you can lodge an appeal. An attorney assists with filing the request. During this process, the termination remains in effect. The court of appeal reassesses the case and may amend or overturn the judgment.
What does a termination procedure cost?
The costs depend on the situation. If the Council or Public Prosecution Service initiates the case, you do not pay court fees. Attorney fees can add up, unless you qualify for subsidized legal aid. Inquire about this at the Juridisch Loket Leiden, Stationsweg 46.
How do I get my authority back?
Restoration of authority is possible but rare. You must prove that the situation has improved and that restoration serves the child. This request is handled via an attorney at the court, where all parties are heard again.
What happens to my child after termination?
The child comes under guardianship, often of a certified institution. This takes decisions on care, education, and residence. You lose your legal role, but generally retain the right to contact.