Judicial Guardianship in Den Haag
Judicial guardianship is appointed by the sub-district judge of the Rechtbank Den Haag when there is no statutory guardian for a minor child. This provides personal care and financial protection for the child, for example, when both parents have passed away without family who automatically become guardians. Specifically for residents of Den Haag: learn about the local procedure, rules, and practices at the Rechtbank Den Haag.
Legal Basis of Judicial Guardianship
The rules are set out in the Dutch Civil Code Book 1 (BW), Title 15. Judicial guardianship is governed by Article 1:298 BW: the sub-district judge of the Rechtbank Den Haag appoints a guardian when no parent with parental responsibility or statutory guardian is available. This supplements statutory guardianship (Articles 1:252-1:297 BW).
Guardianship covers personal care and property administration (Article 1:245 BW). For asset management, a family law council often provides supervision (Article 1:309 BW). Always with priority to the child's best interests, as stated in Article 1:247 BW.
When to Apply for Judicial Guardianship in Den Haag
In Den Haag, judicial guardianship arises in exceptional situations:
- Both parents deceased without a statutory guardian, such as grandparents or adult siblings (Article 1:252 BW).
- Parents unknown or unfit (e.g., withdrawal of parental authority, Article 1:261 BW).
- Heirs apply for guardianship over an orphan in Den Haag.
- International cases, such as unaccompanied migrant children via the Gemeente Den Haag.
The sub-district judge of the Rechtbank Den Haag may decide on their own initiative or upon request (Article 1:298(2) BW). The Gemeente Den Haag is often involved in child welfare matters.
Procedure at Rechtbank Den Haag
The sub-district judge in Den Haag handles this in the Den Haag district. Steps:
- File a request: With the Rechtbank Den Haag, via a lawyer or pro se (form on rechtspraak.nl), including reasons why you are suitable.
- Hearing: The judge hears the child (from age 12, Article 1:377 BW) and relevant parties.
- Ruling: The Rechtbank Den Haag decides within weeks. Court fee approximately €85 (2024).
- Registration: Central guardianship register.
Preference for family or acquaintances from Den Haag, with a focus on the child's best interests.
Difference Between Statutory and Judicial Guardianship
| Aspect | Statutory Guardianship | Judicial Guardianship Den Haag |
|---|---|---|
| Appointment | Automatic (e.g., grandparents) | Rechtbank Den Haag |
| Legal Basis | Articles 1:252-297 BW | Article 1:298 BW |
| Preference | Family | Most suitable, often local foster carer |
| Procedure | No court required | Request to Rechtbank Den Haag |
| Termination | At age 18 | Discharge via Rechtbank Den Haag (Article 1:320 BW) |
More on guardianship? See our article on guardianship.
Rights and Duties of a Judicial Guardian
A judicial guardian in Den Haag has:
- Care: Housing, schooling, healthcare (Article 1:247 BW).
- Assets: Manage finances, submit annual accounts to the council (Article 1:309 BW).
- Representation: Act on behalf of the child.
Rights: Reimbursement of expenses (Article 1:316 BW), allowance from inheritance. Duty: Child first, no self-interest. Discharge in case of issues (Article 1:320 BW).
Practice in Den Haag
Example 1: Tim's (10) parents die in an accident on the A4. Grandparents too frail; aunt from The Hague's Schilderswijk is appointed guardian by the Rechtbank Den Haag and manages a €50,000 inheritance.
Example 2: Unaccompanied refugee Sara (14) via Gemeente Den Haag. Foster mother appointed as guardian with council supervision.
Example 3: Parents in coma; UHP via The Hague child welfare services with a family friend. After withdrawal of authority: judicial guardianship for continuity.
This is how judicial guardianship in Den Haag provides swift solutions.
Frequently Asked Questions Den Haag
Can I become a guardian for non-family in Den Haag?
Yes, if you are an adult resident of the Netherlands and suitable. Rechtbank Den Haag assesses the child's best interests, VOG, and motivation.
What if the guardian goes bankrupt?
Rechtbank Den Haag discharges and appoints a new one; child's assets are protected.
How long does it last?
Until age 18, adoption, or discharge via Rechtbank Den Haag.
Is a VOG required?
Not always, but Rechtbank Den Haag often requests a certificate of conduct.
Tips for Den Haag
- Preparation: Provide evidence of bond with the child, income, and Den Haag residence.
- Help: Visit the Juridisch Loket Den Haag for free advice.
- Administration: Document expenses for the council.
- Child: Involve from age 12.
- More: Read about guardianship, parental authority or foster care.