With sole parental authority, only one parent bears responsibility for the child. This deviates from the standard of joint parental authority and is only applied if it is in the child's best interest.
When is sole parental authority granted?
A judge may decide on sole parental authority in situations such as:
- Serious communication problems between the parents
- Presence of domestic violence or child abuse
- Addiction or mental health problems in a parent
- Neglect of the child by a parent
- The child is caught between the parents (loyalty conflict criterion)
What does the loyalty conflict criterion entail?
According to the law, sole parental authority may be established if there is a great risk that the child will be caught in a loyalty conflict or suffer harm due to conflicts between the parents, and if improvement in the short term is not likely.
Consequences of sole parental authority
| Subject | Parent with authority | Parent without authority |
|---|---|---|
| Major decisions | Decides everything independently | Has no say |
| Legal representation | Acts on behalf of the child | No authority |
| Contact arrangement | Does not determine unilaterally, child has right to contact | Retains right to contact |
| Information provision | Obliged to inform | Right to updates |
How do you apply for sole parental authority?
The procedure for sole parental authority in Rijswijk proceeds as follows:
- Submitting a request via a lawyer to the District Court of The Hague
- Explaining why joint parental authority is not feasible
- Obtaining advice from the Child Protection Board
- Children from 12 years old are heard by the judge
- The decision is made with the child's best interest paramount
Rights of the parent without authority
Even without authority, a parent retains rights, such as:
- Contact with the child
- Access to information about school and health
- Consultation on major decisions
Does sole parental authority mean the other parent no longer has contact?
No, sole parental authority does not affect the right to contact. The parent without authority retains contact rights, unless the judge decides otherwise. The child has a right to a relationship with both parents.Is it possible to reverse sole parental authority?
Yes, if circumstances improve, the judge can be asked to restore joint parental authority, provided it benefits the child.Can a father obtain sole parental authority?
Yes, both fathers and mothers can be granted sole parental authority. The judge bases the decision on who can best care for the child.Frequently asked questions
How can I apply for sole parental authority in Rijswijk?
You submit a request via a lawyer to the District Court of The Hague. Explain why joint parental authority does not work, for example due to conflicts or risks. The Child Protection Board may advise, and children from 12 years old are heard. The child's best interest is central. Provide supporting evidence, such as documents or testimonies.
What rights does a parent without authority have?
You retain the right to contact with your child, unless limited by the judge. In addition, you have the right to information on important matters such as education and health. For major decisions, the parent with authority must consult you, although you may not co-decide.
Can sole parental authority be changed back to joint?
Yes, if the situation improves, you can ask via a lawyer to restore joint parental authority. This must be in the child's best interest, for example if communication problems have been resolved.
Does sole parental authority affect the contact arrangement?
No, the right to contact remains, unless the judge explicitly limits it. The parent with authority may not arbitrarily refuse contact but can make practical arrangements. In case of disagreement, the judge can establish an arrangement.
What exactly does the loyalty conflict criterion mean?
This means that a child is psychologically or emotionally caught between parents due to conflicts or contradictions. The judge assesses whether this poses an unacceptable risk to the child and whether short-term improvement is not feasible.
For legal support in Rijswijk, you can contact the Juridisch Loket Rijswijk.