Joint Request for Parental Authority at the Leiden District Court

Joint Request for Parental Authority in Leiden

In Leiden, unmarried parents can submit a joint request to the Leiden District Court for parental authority over their child(ren). This allows both parents to make equal decisions about upbringing, care, and the child's future, for example after the father has acknowledged the child at the civil registry of the Municipality of Leiden.

What does joint parental authority mean?

Under joint parental authority, both parents decide equally on key matters such as the child's residence, medical care, school choice in Leiden, or religious upbringing. Married parents or registered partners have this automatically, but for unmarried mothers, sole authority applies at birth (art. 1:251(2) Book 1 of the Dutch Civil Code). The father must acknowledge the child and then apply for joint authority at the Leiden District Court.

Legal basis

The procedure is governed by Book 1 of the Dutch Civil Code (DCC):

• Art. 1:251 DCC: Default joint authority for parents.
• Art. 1:253 DCC: Mother has sole authority initially for unmarried parents.
• Art. 1:253b DCC: Joint request to the district court judge of the Leiden District Court for children under 12.
• Art. 1:261 DCC: Formal filing of the petition.

The district court judge of the Leiden District Court assesses whether this serves the child's best interests. Since the 2014 legislative amendment, joint authority is the rule, unless there are serious objections.

When to file a joint request in Leiden?

This applies to:

1. Unmarried parents in Leiden after acknowledgment at the Municipality of Leiden.
2. Parents who previously had sole authority.
3. Biological parents in stepfamilies.

Submit the request shortly after acknowledgment, ideally even before birth. For children aged 12 and older, the child's consent is required (art. 1:253c DCC). Consult Het Juridisch Loket Leiden for free advice.

Procedure at the Leiden District Court

Step by step:

1. Preparation: Complete the joint form via rechtspraak.nl or Het Juridisch Loket Leiden.
2. Filing: With the district court judge at the Leiden District Court (district where the child resides). Court fee: €85 (2023).
3. Hearing: Usually within 4-6 weeks; parents are heard, possibly with input from the Child Care and Protection Board.
4. Decision: Within 8 weeks, followed by registration in the Personal Records Database (BRP) of the Municipality of Leiden.

The entire procedure often takes 2-3 months and proceeds smoothly with agreement.

Comparison: Sole vs. Joint Parental Authority

Rights and Obligations

Rights:

• Equal decision-making (art. 1:247-1:251 DCC).
• Both parents listed on school or medical records in Leiden.
• Right to information from local school or youth care services.

Obligations:

• Cooperate for the child's benefit.
• In case of conflict: consult, mediation via Het Juridisch Loket Leiden, or court.
• Share costs and care.

Examples from Leiden Practice

Example 1: Anna and Bob from Leiden acknowledge their son Tim at the Municipality of Leiden. They apply for joint authority at the Leiden District Court. Approval follows due to their stable situation; Bob now co-decides on primary school.

Example 2: Separated Carla and David from Leiden restore joint authority after mediation at Het Juridisch Loket Leiden. The court approves their parenting plan.

Example 3: Emma lives outside Leiden, Frank in the city. Request denied due to lack of contact, despite acknowledgment.

Frequently Asked Questions