In exceptional cases, a judge in Zoetermeer may terminate parental authority. This is a drastic step taken only if required for the child's welfare.
When can authority be terminated?
A judge may decide to terminate authority if:
- There is serious neglect or abuse of the child
- The parent is unable to properly exercise authority
- The child's development is seriously at risk
- A supervision order (OTS) has insufficient effect
Difference between termination, suspension, and old terms
| Type of measure | Description |
|---|---|
| Suspension | Temporary measure during an ongoing investigation |
| Termination | Permanent measure, requested by the Council or public prosecutor |
| Discharge (obsolete) | Replaced by termination since 2015 |
| Deprivation (obsolete) | Also replaced by termination since 2015 |
Who can file a request for termination?
- The Child Care and Protection Board
- The Public Prosecution Service
- A certified youth protection institution
Parents or family members cannot file a request themselves, but they can report to the Child Care and Protection Board.
Steps in the procedure
- The Child Care and Protection Board initiates an investigation
- A petition is filed with the District Court of The Hague
- The judge speaks with all involved parties, including the child
- A guardian is appointed, often a certified institution
- The decision is recorded in the parental authority register
What are the consequences?
Upon termination of authority:
- The parent loses the role of legal representative
- A guardian takes over responsibility for decisions regarding the child
- Contact with the child often remains possible
- The parent's maintenance obligation continues
Is restoration of authority possible?
It is possible to request restoration of authority after some time, but this is rarely granted. It will only be considered in cases of significant improvement in the situation and if it is in the child's best interest.What distinguishes this from out-of-home placement?
In out-of-home placement, the parent retains authority, but the child lives elsewhere. Termination of authority means the parent no longer has decision-making power, and a guardian takes it over. Out-of-home placement is less intrusive.Will I maintain contact with my child?
After termination of authority, you normally have the right to contact with your child. However, this may be restricted by the judge or guardian if it is better for the child.Frequently asked questions in Zoetermeer
How long does a termination procedure take?
A procedure typically takes several months. The Child Care and Protection Board first conducts an investigation (4-12 weeks), followed by a hearing at the District Court of The Hague. The judgment usually follows within a few weeks. Urgent cases can be handled faster. Legal assistance, for example via a family law attorney, is recommended.
Can I appeal the decision?
Yes, within three months of the judgment, you can lodge an appeal. An attorney can assist you in filing the appeal. During this period, the termination remains in effect. The court of appeal reconsiders the case and may amend or annul the judgment.
What does such a procedure cost?
The costs depend on the situation. If the Council or Public Prosecution Service initiates the procedure, you do not pay court fees. There may be costs for legal aid. In Zoetermeer, you can inquire about subsidized legal aid via the Zoetermeer Legal Desk or the Legal Aid Council.
How do I get my authority back?
Restoration of authority is possible but challenging. You must prove that your situation has improved and that restoration is in the child's best interest. This request must be filed with the court via an attorney. The judge involves all parties, including the guardian and the child, in the decision.
What happens to my child after termination?
Your child comes under guardianship, often with a certified institution in the Zoetermeer region. This guardian makes decisions on matters such as education, care, and residence. You are no longer the legal representative but usually retain the right to contact.