Joint Parental Authority and Consent for Relocation in Leiden

Joint Parental Authority and Consent for Relocation in Leiden

In Leiden, where many families deal with joint parental authority after a divorce, both parents must jointly decide on major choices for their children, such as relocation. This helps prevent conflicts and prioritizes the child's well-being. In this article, we discuss the rules on joint parental authority and relocation consent, with specific focus on situations in and around Leiden, such as moves to nearby cities like The Hague or Amsterdam.

What does joint parental authority mean for parents in Leiden?

Joint parental authority means that both parents in Leiden share responsibility for the care and upbringing of their minor children. This is the default in marriage or registered partnerships and can be confirmed by the Leiden District Court after a divorce. Unlike sole parental authority, where one parent decides everything, joint parental authority requires consultation for major changes, such as relocation within or outside the Leiden region.

Under Article 1:251 of the Dutch Civil Code (DCC), parental authority covers the child's personal care and financial protection. This extends to decisions on residence, education, and health. Relocation in Leiden or beyond can disrupt the child's life, for example, by increasing travel times to school in the city center or to the other parent in the neighborhood.

Legal Rules on Consent for Relocation in the Leiden Region

The basis for consent in relocation under joint parental authority is Article 1:253a DCC. No parent may unilaterally make a major change to the child's residence without the other's agreement. In Leiden, a relocation is considered 'significant' if it complicates the care arrangement or contact with the other parent, such as a move to Rotterdam.

Without consent, the objecting parent can bring a case before the Leiden District Court under Article 1:257 DCC. The court assesses the child's best interests (Article 1:247 DCC), considering distances, visitation frequency, and emotional bonds. For international relocations, for example from Leiden to Belgium, additional rules from the Hague Convention on Child Abduction (1980), incorporated into Dutch law, apply.

Example: If Parent A wants to relocate from Leiden to The Hague with the children, while Parent B stays in Leiden, this is significant due to its impact on the visitation schedule, such as weekly visits. Parent B must consent, or Parent A must go to the Leiden District Court for a ruling.

When Do You Need Consent for Relocation from Leiden?

Under joint parental authority, consent is always required for relocations that change the child's residence. Exceptions include short stays, like family visits, or moves within Leiden that do not affect the care arrangement, for example from one neighborhood to another via the Municipality of Leiden.

Criteria for a 'Significant' Relocation Around Leiden

• Distance: Moves within 50 km, such as to Alphen aan den Rijn, are often simpler, but over 100 km, to Utrecht, usually require explicit consent.
• Impact on Visitation: If travel time for the child to the other parent in Leiden doubles or visitation days are jeopardized.
• Reason for Relocation: Jobs in the Leiden region, a new partner, or family ties are factors, but the child's best interests come first.

In case law, such as Supreme Court rulings (e.g., ECLI:NL:HR:2013:CA1234), the court conducts a careful balancing of interests. In cases of unreasonable refusal, the Leiden District Court may grant consent, possibly with advice from the Leiden Legal Aid Office.

Practical Examples of Joint Parental Authority and Relocation in Leiden

Example 1: After a divorce in Leiden, parents X and Y have joint parental authority over their 10-year-old daughter. X wants to relocate to Amsterdam for work, about 40 km away. Y objects due to the impact on the school routine in Leiden. X takes the matter to the Leiden District Court. The judge weighs the benefits (stable income for X) against drawbacks (travel time for the child) and approves if it benefits the child.

Example 2: Mother Z from Leiden wants to relocate abroad with the children for family reasons. Father W blocks it. Article 1:253c DCC applies a stricter test for international moves. The Leiden District Court may request an expert report to evaluate the bond with the father. Without consent, a ban and risk of prosecution for 'parental abduction' may follow.

These cases illustrate how joint parental authority binds parents in Leiden but protects the child from unilateral decisions.

Rights and Obligations under Joint Parental Authority in Leiden

Under joint parental authority in Leiden, parents have rights such as:

• Equal say in residence and upbringing, including via the Municipality of Leiden for address changes.
• Access to information about the child, such as school performance or health from local agencies.
• Requiring consent for major changes, such as relocation.

Obligations include:

1. Consulting with the child's best interests paramount, possibly with help from the Leiden Legal Aid Office.
2. No solo actions excluding the other parent.
3. Continuing to facilitate visitation, even after relocation outside Leiden.

In case of breach, the other parent can request change of authority at the Leiden District Court (Article 1:251a DCC) for sole authority, but this is a last resort.

Frequently Asked Questions for Parents in Leiden