In sole parental authority, only one parent is responsible for the important decisions regarding the child. This differs from the standard of joint parental authority and is only applied if it is in the child's best interests.
When is sole parental authority granted?
A judge in the Zoetermeer region may grant sole parental authority under specific circumstances, such as:
- Serious communication problems between the parents
- Situations of domestic violence or child abuse
- Addiction or serious mental health problems in one parent
- Neglect of the child by one of the parents
- The child being caught between the parents (the so-called impasse criterion)
What does the impasse criterion entail?
According to the law, sole parental authority may be granted if there is a great risk that the child will become stuck or suffer harm due to conflicts between the parents, and it is not expected that this problem will improve quickly.
What are the consequences of sole parental authority?
| Subject | Parent with authority | Parent without authority |
|---|---|---|
| Important decisions | Decides everything independently | Has no say |
| Legal representation | Represents the child | No legal role |
| Contact with child | Does not fully determine, child has right to contact | Retains right to contact |
| Information provision | Obliged to inform | Right to essential information |
How do I apply for sole parental authority in Zoetermeer?
The process for applying for sole parental authority proceeds as follows:
- Submit a request to the District Court of The Hague via a lawyer
- Explain why joint parental authority is not feasible
- Obtain advice from the Child Care and Protection Board, if necessary
- The judge speaks with the child if it is 12 years or older
- The decision is made with the child's best interests paramount
Rights of the parent without authority
Even without authority, a parent in Zoetermeer retains rights, such as:
- Regular contact with the child
- Access to important information about school and health
- Input on major decisions, although not binding
Does sole parental authority mean that the other parent can no longer see the child?
No, sole parental authority has no effect on the right to contact. The parent without authority retains contact rights, unless the judge decides otherwise. The child also has the right to a relationship with both parents.Is it possible to reverse sole parental authority?
Yes, if circumstances improve, a request can be submitted to the District Court of The Hague to restore joint parental authority, provided it benefits the child.Can a father obtain sole parental authority?
Yes, both fathers and mothers can obtain sole parental authority. The judge determines who is most suitable to care for the child, regardless of gender.Frequently asked questions about sole parental authority in Zoetermeer
How can I apply for sole parental authority?
Submit a request to the District Court of The Hague via a lawyer. Explain why joint parental authority does not work, for example due to conflicts or risks to the child. The Child Care and Protection Board may advise, and children from 12 years old are heard. The child's best interests are always central. Provide supporting evidence, such as documents or statements.
What rights does a parent without authority have?
This parent retains the right to contact, unless restricted by the judge. You also have the right to updates on the child's school and health. For major decisions, such as a move, the parent with authority must consult you, although you do not have a deciding vote.
Can sole parental authority be converted back to joint parental authority?
Yes, if the situation between the parents improves, you can ask the judge to restore joint parental authority. This must be in the child's best interests, for example if communication problems have been resolved. Submit a request via a lawyer with clear substantiation.
Does sole parental authority affect the contact arrangement?
No, sole parental authority changes nothing about contact rights, unless the judge specifically determines otherwise. The child has the right to contact with both parents, and the parent with authority may not arbitrarily refuse this. In case of disagreement, a contact arrangement can be established by the judge.
What does the impasse criterion entail?
This criterion means that the child becomes psychologically or emotionally stuck due to tensions between the parents. The judge examines whether this poses a serious risk to the child's well-being and whether short-term improvement is not realistic.
For legal advice in Zoetermeer, you can go to the Juridisch Loket Zoetermeer. Cases are handled by the District Court of The Hague.