Parental authority means that as a parent you have the right and obligation to raise and care for your minor child. This determines who makes the important choices in the child's life.
What does parental authority mean?
Parental authority consists of three core components:
- Upbringing and care: Daily care for your child
- Official representation: Acting on behalf of your child in formal matters
- Financial management: Managing your child's property
Which decisions fall under authority?
| Subject | Examples |
|---|---|
| Education choices | School selection, changing schools, extra lessons |
| Health | Medical interventions, vaccinations, treatment plans |
| Place of residence | Moving house, determining where the child lives |
| Religion | Religious upbringing, ceremonies |
| Finances | Banking matters, inheritance, policies |
| Identity documents | Applying for passport or ID card |
Who gets parental authority?
Automatic authority is granted to:
- The mother (standard, unless revoked)
- The father who is married or has a registered partnership
- The father who has acknowledged the child and registered authority
How long does parental authority last?
Authority remains in effect until:
- The child reaches the age of 18
- The child is declared of legal age by a court
- A court terminates the authority
Difference between authority and contact rights
Authority and contact are not the same:
| Authority | Contact |
|---|---|
| Right to make legal choices | Right to spend time with the child |
| Can be with one or both parents | Right for every parent |
| Necessary for important decisions | Separate from authority |
Can a parent without authority still make decisions?
A parent without authority may not make legal choices for the child. However, this parent has the right to updates about the child and to contact. During contact moments, this parent can make practical choices, but major decisions (such as school or medical care) lie with the parent exercising authority.What if parents cannot agree on a choice?
In joint authority, both parents must agree on important matters. If agreement is not reached, the court can be involved for a decision, also known as 'substitute consent'.Can a non-parent get authority?
Yes, a court can assign authority to someone else, such as a guardian. This can happen upon the death of both parents, termination of authority, or if it is in the best interest of the child.Frequently asked questions about parental authority in Leiden
How can I as an unmarried father apply for authority?
As an unmarried father, you can apply for authority via the court in Leiden with a petition. This can be together with the mother or alone if she does not consent. First, you must acknowledge the child at the municipality of Leiden. Then you apply for authority via the court's digital portal. The judge assesses whether this is in the child's best interest. This process can take several weeks to months.
What do I do if my ex-partner blocks decisions?
In joint authority, both parents must consent to major choices. If this does not work, you can try mediation. If that fails, you can request substitute consent at the District Court of The Hague, Leiden location. The judge decides in the child's best interest on matters such as school choice or moving. Provide evidence of your involvement.
Can I have the other parent's authority terminated?
Only a court can terminate authority in serious situations such as abuse or neglect. You file a request with the court with evidence. The judge prioritizes the child's best interest. For temporary issues, authority can be temporarily transferred.
May I move with my child if I have authority?
In joint authority, consent from the other parent is needed for a move that affects contact. Without agreement, you can request substitute consent from the court. In sole authority, you decide yourself, but the other parent can object if the move is detrimental to the child.
What happens to authority in a divorce?
In a divorce, authority generally remains with both parents, unless the court decides otherwise. For advice, you can go to the Juridisch Loket Leiden at Stationsweg 46.