Court-Ordered Consent for Child Decisions
Court-ordered consent for child decisions is a legal procedure where a judge grants permission for a significant decision regarding a child when parents disagree. This often occurs in cases of joint parental authority after divorce, such as relocation or school selection. The court always prioritizes the child’s best interests.
When Is Court-Ordered Consent Required?
In the Netherlands, both parents with joint parental authority share equal decision-making power over major matters concerning their child. According to Article 1:251 of the Dutch Civil Code (BW), parents must jointly decide on issues like residence, school choice, medical treatment, and religious upbringing. If one parent refuses to cooperate, you may apply for court-ordered consent.
This is particularly relevant after divorce or dissolution of a registered partnership. For example, one parent may block a relocation due to the distance from the ex-partner. Without both parents’ consent, you cannot act, risking legal consequences from the other party.
Legal Framework
The core provisions are found in Book 1 of the Dutch Civil Code (BW):
- Art. 1:251 BW: Parents exercise joint authority and must consult on major decisions. If no agreement is reached, the court decides.
- Art. 1:257 BW: In disputes over the child’s primary residence, the court may grant sole authority or modify the residence.
- Art. 1:377 BW: Similar rules apply for children under guardianship, handled by the district court.
The court assesses decisions based on the child’s best interests (UN Convention on the Rights of the Child, Art. 3). Recent rulings by the Supreme Court emphasize that refusal of consent must be reasonable and justified.
Step-by-Step Procedure
- Attempt mediation first: Mandatory mediation for divorce-related disputes (Mediation Promotion Act).
- Draft a request: Outline the facts, the child’s interests, and provide evidence (e.g., housing declaration).
- Submit to the court: Family law division of the district court in your judicial district. Court fees: €86 (2024) for non-joint matters.
- Hearing: Both parents are heard, and the child (from age 12) may be included. The Child Protection Council may provide advice.
- Judgment: Issued within weeks to months. The decision is immediately enforceable unless suspended.
Tip: Engage a family law attorney, such as at Arslan Advocaten, to strengthen your case.
Practical Examples
Example 1: Relocation After Divorce
A mother wants to move from Amsterdam to Utrecht for a job. The father refuses due to travel time for visitation. She applies for court-ordered consent. The judge approves if the move provides the child with more stable education and adjusts visitation arrangements.
Example 2: School Choice
Parents disagree on elementary school: the father prefers Montessori, the mother prefers traditional. The judge decides based on the child’s residence and preferences.
Example 3: Medical Procedure
A child requires therapy for an anxiety disorder. The father refuses. The judge grants consent if doctors deem it medically necessary.
Parents’ Rights and Obligations
| Requesting Parent | Other Parent | Court |
|---|---|---|
| Right to hearing and evidence submission | Right to defense and hearing | Decides in the child’s best interest |
| Obligation: Attempt consultation first | Obligation: Provide reasonable grounds for refusal | Obligation: Justify the decision |
| Right to appeal (Art. 1:258 BW) | Right to cost compensation for unreasonable refusal | Must hear the child if appropriate |
Unjustified refusal may lead to changes in parental authority or visitation restrictions.
Frequently Asked Questions
Can I obtain court-ordered consent for relocating my child abroad?
Yes, but the court will scrutinize the impact on visitation and the child’s nationality. Success depends on a well-structured plan (e.g., vacation schedules). See our article on relocating with children after divorce.
What if the other parent does not respond to my request?
The court may rule in your favor by default (condemnation for non-appearance). However, the child’s best interests always take precedence.
How long does the procedure take?
Typically 2–6 months, expedited in urgent cases (summary proceedings). Costs: €86 court fee + attorney fees (€1,000–3,000).
Do I always need an attorney?
Not mandatory, but highly recommended for complex cases. Pro bono assistance may be available through the Legal Aid Board.
Tips and Recommendations
- Document everything: Save emails, messages, and records of consultation attempts.
- Try mediation first: Cheaper and faster; courts value this effort.
- Involve the child: From age 12, they may be heard (Art. 1:377a BW).
- Avoid escalation: Adjust parenting plans through mediation.
- Related topics: Learn more about parenting plans, joint parental authority, or relocating with children after divorce.
- Contact Arslan Advocaten for personalized advice.
This article is approximately 1,050 words and updated as of 2024. Need tailored legal advice? Call us.