As an unmarried father in Leiden, you do not automatically have parental authority over your child. From 2023, upon recognition, you will receive joint parental authority with the mother, but for earlier recognitions, you must arrange this separately via the court.
Automatic Parental Authority from 2023
As of 1 January 2023, a father who recognises his child automatically receives joint parental authority with the mother. This applies only to recognitions from this date.
Applying for Parental Authority for Recognitions before 2023
If you recognised your child before 2023, you must apply for parental authority separately at the court:
Joint Application (with the mother's consent)
- Download and complete the 'Request for Joint Parental Authority' form.
- Both parents sign it.
- Send it to the District Court of The Hague, Leiden location.
- No hearing required; the parental authority will be registered in the parental authority register.
Unilateral Application (without the mother's consent)
- File a petition via a lawyer.
- Explain why parental authority is in the interest of your child.
- The court assesses your application.
- The mother may lodge an objection.
- The judge makes a decision.
Conditions for a Unilateral Application
The judge will grant parental authority if:
- You have a demonstrable relationship with your child.
- Parental authority benefits the child's well-being.
- There are no risks to the child's safety.
Parental Authority Register in Leiden
The parental authority is recorded in the court's parental authority register. This register is public and can be consulted via rechtspraak.nl or at the District Court of The Hague, Leiden location.
| Situation | Father's Parental Authority |
|---|---|
| Married at birth | Immediate |
| Registered partnership | Immediate |
| Recognition after 1-1-2023 | Immediate upon recognition |
| Recognition before 1-1-2023 | Apply via court |
Are there costs associated with applying for parental authority?
A joint application is free of charge. For a unilateral application, you pay court fees and lawyer's fees. With a low income, you may be eligible for subsidised legal aid.Can the mother block parental authority?
If the mother does not consent to joint parental authority, you can file a unilateral application. The judge determines whether parental authority is in the child's interest. The mother's refusal alone is not grounds for rejection.What is the duration of the procedure?
A joint application is usually processed within a few weeks. A unilateral application takes on average 3 to 6 months, depending on the case and any involvement of the Child Protection Board.Frequently Asked Questions about Parental Authority in Leiden
How do I apply for parental authority if the mother consents?
Complete the 'Request for Joint Parental Authority' form together and send it to the District Court of The Hague, Leiden location. This process is free and takes a few weeks.
What if the mother does not cooperate?
You can file a unilateral application via a lawyer. Demonstrate why parental authority is in the interest of your child. The procedure takes on average 3-6 months.
What are the costs for a parental authority application?
A joint application costs nothing. For a unilateral application, you pay court fees (€100-€300) and lawyer's fees. With a low income, you can apply for subsidised legal aid.
How long does it take to obtain parental authority?
A joint application takes a few weeks, a unilateral application 3-6 months, depending on the complexity and involved authorities.
Do I get automatic parental authority upon recognition before 2023?
No, for recognitions before 1 January 2023, you must apply for parental authority at the court in Leiden, with or without the mother's permission.
What are the requirements for a unilateral application?
You must prove that you are involved with your child, that parental authority is in their interest, and that there are no risks to the child. Support this with documents or witnesses.
How do I check if my parental authority is registered?
Consult the parental authority register via rechtspraak.nl or contact the District Court of The Hague, Leiden location.
Contact and Support in Leiden:
- Court: District Court of The Hague, Leiden location
- Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46