Joint parental authority means that both parents jointly bear the responsibility for the upbringing and crucial decisions about their child. In the Netherlands, this is the standard for married parents and often remains in place after a divorce.
When does joint parental authority apply?
Joint parental authority is automatically applied in cases of:
- Parents who are married (at the birth of the child)
- Parents with a registered partnership
- Recognition by the father after 1 January 2023 (automatic authority)
In the event of a divorce, joint parental authority generally remains the norm.
Responsibilities and rights
With joint parental authority, parents must decide together on:
| Subject | Explanation |
|---|---|
| Choice of school | Both parents must agree |
| Medical interventions | Consent of both parents is necessary |
| Relocations | Consultation and often permission required |
| Passport/ID application | Signature of both parents required |
| Significant expenses | Decide together |
Joint parental authority after a divorce in Rijswijk
After a divorce, joint parental authority remains in effect. This means:
- Both parents retain their parental authority
- Major decisions are made jointly
- The parenting plan describes the practical implementation
- Sole parental authority is only applied in exceptional cases
Resolving conflicts
If parents with joint parental authority cannot agree, they can:
- Try to resolve it amicably
- Involve a mediator
- Ask the District Court of The Hague for a ruling (substitute permission)
Day-to-day decisions
Not all decisions require consultation. The parent with whom the child resides decides on daily matters such as:
- Bedtimes and meals
- Routine activities
- Clothing choices
- Schoolwork
May my ex relocate with our child without my permission?
Under joint parental authority, the relocating parent must obtain permission from the other parent. If this permission is refused, the court may grant substitute permission after weighing the child's best interests and those of both parents.What if my ex excludes me from decisions?
You can remind your ex-partner in writing of the obligation to involve you. If this does not help, you can request the District Court of The Hague to make a arrangement or to undo a decision made without your consent.Is it possible to terminate joint parental authority?
Yes, at the request of a parent, the court may convert joint parental authority to sole parental authority, but only if it is in the child's best interests and joint parental authority is no longer feasible.Frequently asked questions about joint parental authority in Rijswijk
How does joint parental authority function after a divorce?
After a divorce, joint parental authority normally remains in place. Both parents remain involved in important decisions, such as education, health, and residence. The parenting plan regulates the practical execution. Only in exceptional situations, such as serious conflicts, may sole parental authority be considered.
Can my ex just relocate with our child?
No, under joint parental authority, permission from both parents is required. If refused, the court may grant substitute permission, with the child's best interests taking precedence.
What to do if my ex does not involve me in decisions?
Send a written reminder to your ex about the obligation to consult. If this has no effect, you can involve the District Court of The Hague for a solution or to undo a decision.
Which decisions may I make independently?
Daily matters such as bedtime, meals, and clothing may be decided by you alone. For major matters, such as school or medical care, consultation with the other parent is mandatory. If in doubt, you can seek advice from the Legal Aid Office Rijswijk.
How do I apply for sole parental authority?
You can submit a request to the District Court of The Hague if you demonstrate that joint parental authority is not in the child's best interests, for example, due to ongoing conflicts or the other parent's incapacity.