In sole parental authority, only one parent is responsible for the important decisions regarding the child. This deviates from the standard of joint parental authority and is only applied if it benefits the child's well-being.
When is sole parental authority granted?
The court may decide on sole parental authority in situations such as:
- Serious communication problems between the parents
- Presence of domestic violence or child abuse
- Addiction issues or mental health problems in one parent
- Neglect of the child by one of the parents
- The child being caught between the parents (the so-called entrapment criterion)
What does the entrapment criterion entail?
According to the law, sole parental authority may be established if there is a great risk that the child will become entrapped between the parents, resulting in permanent damage, and no improvement is expected in the short term.
Effects of sole parental authority
| Subject | Parent with authority | Parent without authority |
|---|---|---|
| Important decisions | Decides everything independently | Has no say |
| Legal representation | Acts on behalf of the child | No legal role |
| Contact with child | Does not fully determine, child has right to contact | Retains right to contact |
| Information provision | Obliged to inform | Right to updates |
Steps for application in Leiden
The application for sole parental authority proceeds as follows:
- Submit a request via a lawyer to the District Court of The Hague, Leiden location
- Explain why joint parental authority is not feasible
- Obtain advice from the Child Care and Protection Board (if necessary)
- Children from 12 years old are heard by the judge
- The judge makes a decision based on the child's best interests
Rights of the parent without authority
The parent without authority retains rights such as:
- Contact and access to the child
- Updates on essential matters such as education and health
- Input on major decisions, without decision-making authority
Does sole parental authority mean the other parent no longer sees the child?
No, contact rights remain in place under sole parental authority. The parent without authority can continue to see the child, unless the court decides otherwise. The child has the right to contact with both parents.Is it possible to reverse sole parental authority?
Yes, if circumstances improve, the court can be requested to restore joint parental authority, provided it is in the child's best interests.Can a father obtain sole parental authority?
Yes, both fathers and mothers can be granted sole parental authority. The court assesses who is most suitable to care for the child.Frequently Asked Questions
How can I apply for sole parental authority in Leiden?
You must submit a request via a lawyer to the District Court of The Hague, Leiden location. Explain why joint parental authority does not work, for example due to conflicts or risks to the child. The Child Care and Protection Board may provide advice, and children from 12 years old are heard. The judge always decides in the child's best interests. Provide supporting evidence, such as documents or testimonies.
What rights does the parent without authority have?
This parent retains the right to contact, unless restricted by the court. In addition, you have the right to information about the child's school and health. For major decisions, such as a move, the parent with authority must consult you, although you do not have decision-making power.
Is sole parental authority reversible to joint parental authority?
Yes, if the situation improves, you can submit a request to restore joint parental authority. This must be in the child's best interests, for example if communication problems have been resolved. Submit a request via a lawyer to the court.
Does sole parental authority affect the contact arrangement?
No, sole parental authority does not change the right to contact, unless the court explicitly limits it. The child has the right to contact with both parents, and the parent with authority may not arbitrarily refuse this. In case of disagreement, the court can establish a contact arrangement.
What exactly does the entrapment criterion entail?
This criterion means that the child is psychologically or emotionally stuck between the parents, for example due to ongoing conflicts. The court assesses whether this poses an unacceptable risk to the child and whether short-term improvement is not realistic.
Contact and support in Leiden:
- Court: District Court of The Hague, Leiden location
- Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46