Joint Parental Authority and Consent for Relocation in Rijswijk

Joint Parental Authority and Consent for Relocation in Rijswijk

In Rijswijk, a municipality near The Hague, under joint parental authority both parents exercise equal parental responsibility over their children. Major decisions, such as relocation within or outside the region, require consultation to safeguard the child's well-being. Consent from the other parent is essential to prevent disputes. This article outlines the rules on joint parental authority and relocation consent, with particular focus on post-divorce situations in Rijswijk and surrounding areas.

What does joint parental authority mean for parents in Rijswijk?

Joint parental authority means that both parents jointly manage the care and upbringing of their minor children. This is the default for married couples or registered partners and can be upheld after divorce by the District Court of The Hague, Rijswijk location. Unlike sole parental authority, where one parent has sole decision-making power, joint parental authority requires agreement on major changes, such as a relocation impacting life in Rijswijk.

Article 1:251 of the Dutch Civil Code (DCC) defines parental authority as responsibility for the child's personal care and finances, including decisions on residence, education, and health. A relocation affects 'care for the person' and may disrupt daily life, for instance through longer commutes to school in Rijswijk or reduced contact with the other parent in the Haaglanden region.

Legal rules on consent for relocation

The foundation for consent in relocations under joint parental authority is Article 1:253a DCC. It prohibits one parent from unilaterally making a substantial change to the child's residence without the other's agreement. In Rijswijk, a relocation is considered 'significant' if it complicates care arrangements or contact schedules, such as a move to Rotterdam.

Without consent, the objecting parent can approach the District Court of The Hague, Rijswijk location, under Article 1:257 DCC. The court assesses based on the child's best interests (Article 1:247 DCC), considering distances, contact frequency, and emotional bonds. International relocations are subject to additional rules under the Hague Convention on Child Abduction (1980), incorporated into Dutch law.

Example: If Parent A wants to relocate from Rijswijk to Rotterdam with the children, while Parent B remains in Rijswijk, this is significant due to its impact on the contact arrangement, such as weekly visits. Parent B's consent is required; otherwise, Parent A must seek court approval.

When is consent required for relocation in Rijswijk?

Under joint parental authority, consent is mandatory for relocations that change the child's place of residence. Exceptions apply to short stays, like vacations, or moves with no impact on care arrangements, such as within Rijswijk itself or to nearby neighborhoods.

Criteria for a 'significant' relocation

• Distance: Within 50 km, such as from Rijswijk to The Hague, is often feasible without major issues, but over 100 km to Utrecht typically requires explicit consent.
• Impact on contact: If travel times increase or contact moments in the region are jeopardized.
• Motivation: Job changes, new partners, or family proximity near Rijswijk are factors, but the child's best interests take precedence.

In case law, such as Supreme Court rulings (e.g., ECLI:NL:HR:2013:CA1234), the court conducts a balancing of interests. Unreasonable refusal can result in imposed consent. For advice in Rijswijk, contact Het Juridisch Loket Rijswijk.

Practical examples of joint parental authority and relocation around Rijswijk

Example 1: After divorce, parents X and Y share joint parental authority over their 10-year-old daughter in Rijswijk. X wants to move to The Hague for work, just 10 km away. Y objects due to potential disruption of school routines. X applies to the District Court of The Hague, Rijswijk location. The court weighs career factors against child welfare and approves if stability is maintained.

Example 2: Mother Z from Rijswijk plans to relocate to Belgium with the children for family ties. Father W objects. Article 1:253c DCC applies stricter criteria for international cases. The court may require expert reports on the bond with the father. Without agreement, a ban may be imposed, with risks of prosecution for 'parental abduction'.

These cases illustrate how joint parental authority limits flexibility but protects children in Rijswijk and nearby areas from unilateral decisions.

Rights and obligations under joint parental authority

Under joint parental authority in Rijswijk, parents have rights such as:

• Equal say in residence and upbringing decisions.
• Access to information about the child via school or local care services.
• Requiring consent for major changes, like relocation.

Obligations include:

1. Consulting with the child's best interests at the forefront.
2. Avoiding unilateral actions that exclude the other parent.
3. Supporting contact arrangements, even after regional moves.

In case of breach, the other parent may request a change in authority (Article 1:251a DCC) to sole authority, though this is a last resort. The Municipality of Rijswijk offers support through local services.

Frequently Asked Questions