Joint parental authority means that both parents jointly bear the responsibility for the upbringing and crucial choices regarding their child. In the Netherlands, this is the norm for married parents and often remains in effect after a divorce.
When does joint parental authority apply?
Joint parental authority is automatically granted in the following situations:
- Parents who are married at the birth of the child
- Parents with a registered partnership
- Recognition by the father after 1 January 2023 (automatic authority)
Even after a divorce, joint parental authority usually remains the standard.
What does joint parental authority entail?
Joint parental authority entails the following rights and obligations:
| Decisions made jointly | Explanation |
|---|---|
| Choice of school | Consent of both parents is necessary |
| Medical interventions | Both parents must give permission |
| Relocations | Consultation is required, often with permission |
| Passport/ID application | Signature of both parents required |
| Significant financial expenditures | Joint decision-making is the rule |
Joint parental authority after a relationship breakdown
Even after a divorce, joint parental authority generally remains in effect. This means:
- Both parents retain their authority
- Important choices are made jointly
- A parenting plan describes the practical implementation
- Sole parental authority is only granted in exceptional cases
What if parents cannot agree?
In case of disagreement regarding joint parental authority, parents can take the following steps:
- Seek a solution together
- Engage the help of a mediator
- Ask the court for a ruling (for example, substitute permission)
Day-to-day choices
Not every detail requires consultation. The parent with whom the child is at that moment may decide on:
- Sleep and meal times
- Daily activities
- Clothing choices
- Schoolwork
Can my ex-partner move with our child without my permission?
Under joint parental authority, permission from the other parent is required for a relocation. If this permission is refused, the court may grant substitute permission. The judge considers the child's best interests and the situation of both parents.What to do if my ex excludes me from important decisions?
You can remind your ex-partner in writing of the obligation to involve you. If this has no effect, you can ask the court to intervene, for example by annulling a decision or imposing an arrangement.Is it possible to terminate joint parental authority?
Yes, upon request of a parent, the court may convert joint parental authority to sole parental authority. This only happens if it is better for the child and joint parental authority is no longer feasible.Frequently asked questions about joint parental authority in Zoetermeer
How does joint parental authority function after a divorce?
After a divorce, joint parental authority normally remains in place. Both parents remain involved in important choices, such as education, healthcare, and residence. The parenting plan regulates the practical aspects. Only in extreme situations, such as serious conflicts, may a judge grant sole parental authority.
Can my ex move with our child without permission?
No, under joint parental authority, the other parent must agree to a relocation. If refused, the court may grant substitute permission, with the child's best interests paramount.
What if I am not involved in important choices?
You can remind your ex-partner in writing of the obligation to consult. If this does not help, you can involve the court to review a decision or enforce an arrangement.
Which choices may I make independently?
Daily matters such as bedtimes, meals, clothing, and homework may be decided by you alone if the child is with you. For major decisions, such as school or medical care, consultation is always required.
How do I apply for sole parental authority?
A request for sole parental authority can be filed with the court, for example Rechtbank Den Haag, if you demonstrate that joint parental authority is not in the child's best interests. This may be the case in persistent conflicts or the other parent's incapacity.
For legal support in Zoetermeer, you can contact the Juridisch Loket Zoetermeer.