Joint parental authority means that both parents jointly bear the responsibility for the upbringing and crucial decisions for their child. In the Netherlands, this is the norm for married parents and often remains in effect after a divorce.
How does joint parental authority arise?
Joint parental authority is automatically granted in the following situations:
- Parents who are married at the birth of the child
- Parents with a registered partnership
- Recognition by the father after 1 January 2023 (automatic authority)
Even after a divorce, joint parental authority generally remains the standard.
What does joint parental authority entail?
With joint parental authority, parents have the following responsibilities:
| Decision area | Explanation |
|---|---|
| Choice of school | Both parents must agree |
| Medical interventions | Consent of both parents is necessary |
| Relocation | Consultation and often permission required |
| Passport or ID card | Signature of both parents required |
| Financial expenditures | Joint decision on major expenses |
Joint parental authority after a divorce in Leiden
After a divorce, joint parental authority usually remains in effect. This means:
- Both parents retain their authority
- Major decisions are made in consultation
- A parenting plan regulates the practical implementation
- Sole parental authority is only granted in exceptional cases
What if parents cannot agree?
In case of disagreement over joint parental authority, parents can:
- Try to resolve the conflict together
- Engage a mediator for mediation
- Ask the court for a ruling (for example, substitute permission)
Daily decisions
For daily matters, no consultation is required. The parent with whom the child is at that moment decides on:
- Bedtimes and meals
- Daily activities
- Clothing choice
- Homework supervision
Can my ex relocate with our child without my permission?
Under joint parental authority, the parent who wishes to relocate must obtain permission from the other parent. If this permission is refused, the court in Leiden may grant substitute permission. The judge will consider the child's best interests and the situation of both parents.What if my ex excludes me from decisions?
You can remind your ex-partner in writing of the obligation to involve you. If this has no effect, you can ask the court in Leiden to intervene or to undo a decision made without your consent.Is it possible to terminate joint parental authority?
Yes, a judge may convert joint parental authority to sole parental authority upon request, but only if it is in the child's best interests and joint parental authority is no longer feasible.Frequently asked questions about joint parental authority
How does joint parental authority function after a divorce?
After a divorce, joint parental authority normally continues. Both parents remain involved in important decisions, such as education, healthcare, and residence. The parenting plan describes how care is specifically arranged. Only in cases of serious problems may a judge decide on sole parental authority.
Can my ex just relocate with our child?
No, under joint parental authority, the other parent must give permission for a relocation. If this is not possible, the court in Leiden may make a decision, prioritizing the child's best interests.
What to do if my ex does not involve me in decisions?
Send a written reminder to your ex about the legal obligation to consult. If this does not help, you can ask the court for a solution or to reverse a decision.
Which decisions may I make independently?
Daily decisions, such as mealtimes, clothing, and minor activities, may be made independently when the child is with you. For major matters, such as school or medical treatments, consultation is always required.
How do I apply for sole parental authority in Leiden?
You can submit a request to the District Court of The Hague, Leiden location, if you demonstrate that joint parental authority is not in the child's best interests. This may be the case, for example, with ongoing conflicts or the other parent's inability.
Contact and support in Leiden:
- Court: District Court of The Hague, Leiden Location
- Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46