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Familierecht

Family Guardian Instructions Leiden

Binding family guardian instructions during OTS in Leiden: mandatory for parents to ensure child safety. Legal basis Youth Act, review District Court The Hague Location Leiden.

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Family Guardian Instructions in Leiden

The family guardian instructions are binding directives given by a family guardian to parents during a supervisory order (OTS) in the Leiden region. They ensure the safe development of the child and must be strictly followed. Non-compliance may result in sanctions via the District Court The Hague, Location Leiden, or even out-of-home placement.

Why Family Guardian Instructions in Leiden?

During an OTS, the juvenile court appoints a family guardian through certified institutions such as the Salvation Army or William Schriber, active in Leiden. The guardian supports the family and issues instructions to address issues such as parenting problems, addiction, or domestic violence. These are obligations from the care plan, not advice.

The instructions are tailored to Leiden families and aimed at restoring safe parenting. They are based on the Youth Act and evaluated at hearings in the District Court The Hague, Location Leiden.

Legal Basis of Family Guardian Instructions

Foundation in the Youth Act:

  • Art. 1.3(3): Tasks of certified institutions, including instructions.
  • Art. 4.1: Care plan with measures by family guardian.
  • Art. 4.4: Parents must comply with instructions; failure leads to judicial intervention.
  • Art. 1.5: Juvenile court reviews and adjusts instructions.
This ensures effective assistance with the child's interests paramount in Leiden.

When and How Instructions in Leiden?

Instructions commence immediately after the OTS ruling, often at the first home visit in Leiden. They are included in the signed care plan. Examples:

  • Attend mandatory parent training.
  • Stop alcohol use with weekly tests.
  • Ensure child attends school and homework support.
  • Limit contact with ex-partner in cases of violence.

The guardian monitors compliance through visits, conversations, and reports to the District Court The Hague, Location Leiden. Adjustments follow changed circumstances.

Rights and Obligations Regarding Family Guardian Instructions

Obligations of parents:

  1. Comply with instructions to a reasonable extent (art. 4.4 Youth Act).
  2. Cooperate with the guardian.
  3. Share family information.
Rights of parents:
  • Consent or object before the court.
  • Confidentiality (except for child safety).
  • Request review.
  • File complaint with institution or Children's Ombudsman; local advice via Legal Aid Office Leiden, Stationsweg 46.

Non-compliance leads to a written application to the court for sanctions such as behavioural intervention or out-of-home placement.

Practical Examples Leiden

Example 1: Mother with alcohol problem: 'Weekly urine tests and AA participation.' After non-compliance: hearing at District Court The Hague, Location Leiden; OTS extended with treatment.

Example 2: Father misses child's school: 'Daily reporting and consultation with mentor.' Compliance leads to lifting of instruction after six months.

Example 3: Domestic violence: 'No unmonitored contact with perpetrator.' Leads to crisis out-of-home placement.

These cases illustrate the child-centered approach in Leiden.

Comparison: Instructions vs. Voluntary Assistance

AspectFamily Guardian Instructions (OTS)Voluntary Youth Assistance
Binding?YesNo
SanctionsJudicialNone
DurationMax. 1 year, extendableAs needed
ReviewJuvenile Court LeidenInternal

Frequently Asked Questions

Can I refuse an instruction?

No, comply to a reasonable extent. Refusal: guardian involves the court. First discuss with guardian or Legal Aid Office Leiden.

Unreasonable instruction?

Written objection to guardian, submit to juvenile court in Leiden. Court assesses necessity.