Parental Authority After Divorce in Zoetermeer

Parental Authority After Divorce in Zoetermeer

Parental authority after a divorce determines in Zoetermeer who bears responsibility for the upbringing and care of minor children. This can be continued jointly or one parent receives sole authority. This article discusses the rules and practical application, with reference to local support such as the Juridisch Loket Zoetermeer and the District Court of The Hague.

What does parental authority mean?

In Zoetermeer, parental authority means that parents are obliged to raise, care for and legally represent children up to 18 years of age. This includes decisions about education in neighborhoods such as Rokkeveen or Seghwaert, medical treatments at the LangeLand Hospital, moves within the region and religious upbringing. After a divorce, authority often remains joint, unless the District Court of The Hague decides otherwise, to ensure stability for the child.

With joint authority, parents consult together on important matters. Daily choices, such as participation in sports at a club like DSO, are made by the custodial parent.

Legal framework

The rules for parental authority are set out in Book 1 of the Dutch Civil Code (BW), articles 1:251 to 1:261. Key points:

• Article 1:251 BW: Parents are obliged to provide care and upbringing.
• Article 1:251a BW: After divorce, authority normally remains joint, unless otherwise determined.
• Article 1:257 BW: Sole authority can be awarded if joint authority is not in the child's interest.
• Article 1:261 BW: Changes via the court.

The Council for Child Protection can intervene in cases of conflicts or risks. For advice, you can go to their office in the The Hague region.

Types of authority in Zoetermeer

Options after divorce:

Example of joint authority

A divorced couple in Zoetermeer has an 8-year-old daughter living with the mother. The father wants to enroll her in a school in Driemanspolder for better facilities. Both parents must agree. In case of disagreement, the District Court of The Hague can be approached (art. 1:253(2) BW).

Example of sole authority

If there is constant disagreement about medical care at the LangeLand Hospital, one parent can apply for sole authority. The court looks at the best interests of the child.

Rights and duties

Rights:

• Decide on residence, education and healthcare.
• Represent the child at authorities such as the Municipality of Zoetermeer.
• Request information about the child.

Duties:

1. Guarantee the child's safety and care.
2. Consult with the other parent in case of joint authority.
3. Promote contact with the other parent.
4. Share information (school results, medical data).

No authority? You often still have contact rights (art. 1:377 BW), unless this is harmful to the child.

Changing authority in Zoetermeer

Step-by-step plan:

1. Consult with the ex-partner.
2. Mediation via a local mediator.
3. File a request with the District Court of The Hague (family division). Court fee approximately €85 (2023).
4. The court hears both parents, the child (from age 12) and possibly the Council for Child Protection.
5. Decision follows within a few months.

Urgent? Apply for an interim measure. Start for free at the Juridisch Loket Zoetermeer.

Frequently asked questions

Advice for parents in Zoetermeer

Prevent problems:

• Record agreements via email or app.
• Draw up a parenting plan with clear rules.
• Follow a co-parenting course via the Municipality of Zoetermeer or the Juridisch Loket Zoetermeer.
• Engage local help for a smooth process.