As an unmarried father, you do not have parental authority over your child by default. From 2023, you receive parental authority automatically upon recognition, but for earlier recognitions, you must apply for it separately via the court.
Automatic Parental Authority from 2023
As of 1 January 2023, a father obtains joint parental authority with the mother immediately upon recognition of his child. This applies exclusively to recognitions from that date onwards.
Applying for Parental Authority (for recognitions before 2023)
If you recognised your child before 2023, you must apply for parental authority separately at the District Court of The Hague, under which Rijswijk falls:
Joint Application (with the mother's consent)
- Download and complete the 'Joint Parental Authority Application' form.
- Both parents sign it.
- Send the form to the District Court of The Hague.
- There is no hearing; the parental authority is registered in the parental authority register.
Unilateral Application (without the mother's consent)
- File a petition through an attorney.
- Explain why parental authority is in the child's best interests.
- The court assesses your application.
- The mother may lodge an objection.
- The judge makes a decision.
Conditions for a Unilateral Application
The judge grants parental authority if:
- You have a relationship with your child.
- Parental authority promotes the child's well-being.
- There are no risks to the child's safety.
Viewing the Parental Authority Register
Parental authority is recorded in the parental authority register at the District Court of The Hague. This register is public and can be consulted via rechtspraak.nl.
| Situation | Father's Parental Authority |
|---|---|
| Married at birth | Automatic |
| Registered partnership | Automatic |
| Recognition after 1-1-2023 | Automatic upon recognition |
| Recognition before 1-1-2023 | Apply at court |
Are there costs associated with applying for parental authority?
A joint application is free of charge. For a unilateral application, you pay court fees and attorney costs. With a low income, you may be eligible for subsidised legal aid.Can the mother block joint parental authority?
If the mother does not cooperate, you can file a unilateral application. The judge determines whether parental authority is in the child's best interests. Her refusal alone is not grounds for rejection.What is the duration of the procedure?
A joint application is processed within a few weeks. A unilateral application takes on average 3 to 6 months, depending on any involvement of the Child Protection Board.Frequently Asked Questions
How do I apply for parental authority if the mother consents?
Complete the 'Joint Parental Authority Application' form together and send it to the District Court of The Hague. This process is free and takes a few weeks. No hearing is required.
What if the mother does not consent to joint parental authority?
You can file a unilateral application through an attorney. Demonstrate that parental authority is in the child's best interests. The procedure usually takes 3-6 months.
What are the costs for applying for parental authority?
A joint application is free. For a unilateral application, you pay court fees (€100-€300) and attorney costs. With a low income, subsidised legal aid is possible.
How long does it take to obtain parental authority?
For a joint application, a few weeks; for a unilateral application, on average 3-6 months, depending on the case and involved authorities.
Do I get automatic parental authority upon recognition before 2023?
No, for recognitions before 1 January 2023, you must apply for parental authority at the District Court of The Hague, with or without the mother's consent.
What are the requirements for a unilateral application?
You must prove that you have a bond with the child, that parental authority is in its best interests, and that there are no risks to the child, for example with documents or witness statements.
How can I check my parental authority registration?
You can check this via the parental authority register of the District Court of The Hague or online via rechtspraak.nl.
Contact and Assistance in Rijswijk
For advice, you can go to the Juridisch Loket Rijswijk. Procedures are handled via the District Court of The Hague.