In exceptional cases, a court in Rijswijk may terminate parental authority. This is a severe measure that is only applied if the child's well-being requires it.
When is parental authority terminated?
A court may decide to terminate authority if:
- There is serious neglect or abuse of the child
- The parent is unable or unfit to exercise the authority
- The child's development is seriously at risk
- A supervision order (OTS) has insufficient effect
Difference between termination, suspension, and old terms
| Type of measure | Characteristics |
|---|---|
| Suspension | Temporary measure during an ongoing investigation |
| Termination | Permanent measure, requested by Council or public prosecutor |
| Discharge (obsolete) | Term no longer in use since 2015, replaced by termination |
| Deprivation (obsolete) | Term no longer in use since 2015, replaced by termination |
Who can request termination?
- The Child Care and Protection Board
- The Public Prosecution Service (via the public prosecutor)
- A certified youth protection institution
Parents or family members cannot file a request, but may make a report to the Child Care and Protection Board.
Steps in the procedure
- Investigation by the Child Care and Protection Board
- Filing of a petition with Rechtbank Den Haag
- Hearing where all parties, including the child, are heard
- Appointment of a guardian, often a certified institution
- Registration of the judgment in the parental authority register
What are the consequences?
Upon termination of authority:
- The parent loses legal representation of the child
- A guardian takes over all decisions regarding the child
- The right to contact remains in principle
- The parent's maintenance obligation continues to apply
Is restoration of authority possible after termination?
It is possible to request restoration of authority, but this is rarely granted. This can only be done if the situation has significantly improved and it is in the child's best interest.What distinguishes termination from out-of-home placement?
In out-of-home placement, the parent retains authority, but the child lives elsewhere. In termination, the parent completely loses authority to a guardian. Out-of-home placement is less intrusive.Do I still have contact rights after termination?
In principle, you retain the right to contact with your child, unless the court or guardian determines that this is not in the child's best interest.Frequently asked questions about termination of authority in Rijswijk
How long does a procedure for termination of authority take?
The duration of the procedure varies, but often takes several months. The Child Care and Protection Board first conducts an investigation (4-12 weeks), followed by a hearing at Rechtbank Den Haag. The judgment usually follows within a few weeks. Urgent cases can be handled faster. Legal assistance via a family law attorney is recommended.
Can I appeal against termination?
Yes, within three months after the judgment, you can lodge an appeal. An attorney assists with filing the request. During this process, the termination remains in effect. The court of appeal reassesses the case and may amend or quash the judgment.
What does a procedure for termination of authority cost?
The costs depend on the situation. If the Council or Public Prosecution Service files the request, you do not pay court fees. Attorney fees can add up, but subsidized legal aid is possible. Inquire about this at Juridisch Loket Rijswijk or the Council for Legal Aid.
How can I get authority back?
Restoration of authority is difficult, but not impossible. You must prove that the situation has improved and that restoration is good for the child. This request must be filed via an attorney with the court, where all parties are heard again.
What happens to my child after termination?
Your child comes under guardianship, often of a certified institution. This guardian makes decisions on matters such as education, care, and residence. You lose your legal role, but retain contact rights in principle.