Authority after divorce in Leiden

Authority after divorce in Leiden

Parental authority after a divorce determines in Leiden who bears responsibility for the upbringing and care of minor children. This can remain joint or one parent can be granted sole authority. This article covers the rules, procedures, and local support, such as at the District Court of The Hague, Leiden location.

What does parental authority mean?

In Leiden, parental authority means that parents have the duty to raise, care for, and represent children up to 18 years of age. This includes decisions about schools in neighborhoods such as the city center or Roodenburg, medical care at, for example, the LUMC, moves within Leiden, and religious upbringing. After a divorce, authority usually remains joint, unless the District Court of The Hague, Leiden location, decides otherwise to ensure stability for the child.

With joint authority, parents must make important choices together. Day-to-day matters, such as participation in sports clubs in Leiden-Zuidwest, are handled by the parent with whom the child resides.

Legal basis

The rules for parental authority are set out in Book 1 of the Civil Code (BW), articles 1:251 to 1:261. Key points:

• Article 1:251 BW: Care and upbringing of the child are a duty.
• Article 1:251a BW: After divorce, parents normally retain joint authority.
• Article 1:257 BW: Sole authority may be awarded if joint authority is not in the child's interest.
• Article 1:261 BW: Changes via the court.

In cases of risks or serious conflicts, the Council for Child Protection may become involved. Contact the regional office near Leiden for guidance.

Types of authority in Leiden

Options after divorce:

Example of joint authority

A divorced couple from Leiden has an 8-year-old daughter who lives with the mother. The father wants to enroll her in a school in the Merenwijk due to better programs. Both parents must consent. In case of disagreement, the matter can be submitted to the District Court of The Hague, Leiden location (art. 1:253(2) BW).

Example of sole authority

If parents continuously argue about medical treatments at the LUMC, one parent can apply for sole authority. The judge considers the best interests of the child.

Rights and duties

Rights:

• Decide on residence, education, and care.
• Represent the child with authorities such as the Municipality of Leiden.
• Request information about the child.

Duties:

1. Guarantee the child's safety and care.
2. Consult with the other parent in case of joint authority.
3. Promote contact between the child and the other parent.
4. Share information, such as school results or medical updates.

No authority? Contact rights may still apply (art. 1:377 BW), provided it is not harmful.

Changing authority in Leiden

Steps for modification:

1. Consult with the ex-partner.
2. Engage mediation via a local family mediator.
3. File a request with the District Court of The Hague, Leiden location (family and youth division). Court fee approximately €85 (2023).
4. The judge speaks with parents, child (from age 12), and possibly the Council for Child Protection.
5. Decision follows within a few months.

Urgent case? Apply for a provisional measure. Start for free at Juridisch Loket Leiden at Stationsweg 46.

Frequently asked questions

Advice for Leiden parents

Prevent problems:

• Maintain communication via email or app.
• Draw up a parenting plan with clear agreements.
• Attend coparenting training via Municipality of Leiden or Juridisch Loket Leiden.
• Engage local advisors for smooth handling.