Parental Authority After Divorce in Den Haag
Parental authority after a divorce determines in Den Haag who is responsible for the upbringing and care of your minor children. Parents can retain this jointly or one parent may be awarded sole parental authority. This article covers the rules and practices, focusing on local institutions such as the Den Haag District Court.
What does parental authority entail?
In Den Haag, parental authority includes the duty to care for, raise, and represent children up to age 18. This covers decisions on schools in neighborhoods like Scheveningen or the city center, medical care at HagaZiekenhuis, moves within the city, and religious or philosophical upbringing. After divorce, authority typically remains joint, unless the Den Haag District Court rules otherwise. This ensures stability in the child's life.
Under joint parental authority, parents consult on major decisions. Day-to-day choices, such as club activities at HVV Laakkwartier, are handled by the custodial parent.
Legal rules
Parental authority is governed by Book 1 of the Dutch Civil Code (DCC), Articles 1:251 to 1:261. Key points:
- Article 1:251 DCC: Parents must care for and raise the child.
- Article 1:251a DCC: After divorce, both parents retain authority unless otherwise provided.
- Article 1:257 DCC: Sole authority possible if joint authority is not in the child's best interests.
- Article 1:261 DCC: Changes via court order.
The Child Protection Board intervenes in cases of risk or severe conflicts. Contact the Den Haag regional office for advice.
Forms of parental authority in Den Haag
Post-divorce options:
| Form | Description | Advantages | Disadvantages |
|---|---|---|---|
| Joint parental authority | Both parents decide, regardless of living arrangements. | Full parental involvement; strengthens bonds. | Disputes if communication is poor. |
| Sole parental authority | One parent has sole authority; the other loses rights. | Quick decisions in conflict situations. | Less input from the other parent. |
Example of joint parental authority
Mother and father from Den Haag divorce; their 10-year-old son lives with mother. Father suggests a school in Benoordenhout for better facilities. Both must agree. No consensus? Proceed to the Den Haag District Court (art. 1:253(2) DCC).
Example of sole parental authority
In ongoing disputes over care at Juliana Children's Hospital, one parent may seek sole authority. The court considers the child's best interests.
Rights and obligations
Rights:
- Choosing address, school, and healthcare provider.
- Representing the child with authorities such as the Municipality of Den Haag.
- Obtaining information about the child.
Obligations:
- Provide the child with safety and care.
- Consult the co-holder of parental authority.
- Promote the child's relationship with the other parent.
- Share information (reports, health details).
No parental authority? Contact rights still apply (art. 1:377 DCC), unless harmful.
Changing parental authority in Den Haag
Step-by-step process:
- Talk to your ex-partner.
- Mediation via a local family mediator.
- Request at Den Haag District Court (family and youth division). Court fee around €85 (2023).
- Court hears parents, child (from age 12), and possibly the Child Protection Board.
- Decision within months.
Urgent? Request interim measures. Free initial advice at Juridisch Loket Den Haag.
Frequently asked questions
Can I relinquish parental authority?
Yes, by notarial deed (art. 1:258 DCC), subject to court review and child safety.
What if a parent dies?
Authority passes automatically to the surviving parent.
Moving without permission?
No under joint authority. Risk: contact suspended or authority changed. Call Juridisch Loket Den Haag.
No cooperation?
Send registered letter, then court for unilateral power (art. 1:253(2) DCC).
Tips for parents in Den Haag
Avoid hassle:
- Document communication (email/app).
- Create a parenting plan with agreements.
- Attend co-parenting courses via Municipality of Den Haag or Juridisch Loket Den Haag.
- Seek help from local advisors for smooth handling.