Contact Rights of Parent Without Parental Authority in Rijswijk
The contact rights of a parent without parental authority in Rijswijk refer to the right of a parent without parental authority to maintain contact with their child. This is enshrined in Dutch family law and applies even if authority rests solely with the other parent. The goal is to preserve the parent-child relationship, provided it serves the child's well-being. In Rijswijk, parents without authority can make arrangements through discussions or apply to the Rijswijk District Court for an official order.
Legal Basis of Contact Rights in Rijswijk
Dutch family law is governed by Book 1 of the Civil Code (CC). The right of contact is central to Article 1:377 CC, which ensures every child may maintain contact with both parents, regardless of authority. For parents without authority in Rijswijk, this means they can request a contact schedule from the Rijswijk District Court.
Parental authority is defined in Articles 1:251 to 1:256 CC. Loss of authority, for example after a divorce or due to inadequate care, does not affect contact rights. The Rijswijk District Court bases its decisions on the child's best interests (Article 1:377(2) CC). Additionally, the Childcare Act and the General Administrative Law Act play a role in proceedings before the family judge in the region.
Article 8 of the European Convention on Human Rights (ECHR) protects family life and supports Dutch rules, often cited in cases before the Rijswijk District Court.
Rights of the Parent Without Parental Authority in Rijswijk
In Rijswijk, as a parent without parental authority, you are entitled to:
- Regular contact with your child, such as every other week for a day or during holidays.
- Being kept informed about the child's development and health (Article 1:377a CC).
- Submitting a proposal to the Rijswijk District Court if the other parent does not cooperate.
The Rijswijk District Court determines arrangements based on factors such as the child's age and distances in the region, like between Rijswijk and surrounding cities. You will also have the opportunity to present your side during a hearing.
Obligations and Possible Restrictions in Rijswijk
Rights come with responsibilities: always prioritize the child and avoid harmful actions. The parent with authority handles day-to-day matters but must facilitate contact.
Restrictions may apply if contact harms the child, such as in cases of violence or addiction, or if the child objects. The Rijswijk District Court may suspend contact temporarily or require supervised visits, for example through local youth care services in Rijswijk.
For an overview of differences between parents with and without authority:
| Aspect | Parent with authority | Parent without authority |
|---|---|---|
| Decision-making | Involvement in decisions about the child | No decision-making power, but right to information |
| Contact | Right to contact | Equal right to contact |
| Responsibility | Financial and caregiving | Only during contact periods |
Practical Examples of Contact Rights in Rijswijk
Suppose you are a mother in Rijswijk who lost authority to the father after a divorce; he lives in The Hague. Through the Rijswijk District Court, you can request a schedule such as every second weekend plus shared holiday days, taking travel time and the child's input from age 12 into account.
Another case: a parent without authority due to prior addiction issues. The Rijswijk District Court may start with supervised visits at a facility affiliated with the Municipality of Rijswijk. Proven improvement leads to unsupervised contact. In a 2023 ruling by the Rijswijk District Court, contact was upheld despite a regional move to protect family ties.
In practice in Rijswijk, many start with mediation at Het Juridisch Loket Rijswijk or a local lawyer. If that fails, an application to the court often results in a quick interim order.
How to Enforce Contact Rights in Rijswijk?
- Begin with consultation or mediation via Het Juridisch Loket Rijswijk.
- File a request with the Rijswijk District Court, assisted by a family law attorney. Costs: court fee around €85 for individuals.
- The judge hears both sides and possibly the child via a family judge.
- In case of non-compliance, you can claim a penalty payment (Article 1:377(3) CC).
- For urgency: summary proceedings for immediate contact.
For more information, see our article on contact rights in the region.
Frequently Asked Questions
Can the parent with authority refuse contact?
No, refusal is not permitted if contact benefits the child. Involve the Rijswijk District Court for a binding order with sanctions such as a penalty payment.
What if the child does not want contact?
The child's wishes (from age 10-12) carry significant weight. The Rijswijk District Court may involve the Child Protection Board for an investigation and enforce contact with supervision if needed.
Am I entitled to child benefit as a parent without authority?
No, it goes to the parent with authority or the caregiver. For contact-related costs, you can request child support via proceedings at the Rijswijk District Court.
How long does a procedure take?
A standard procedure at the Rijswijk District Court takes 3-6 months, but urgent cases can be resolved within weeks.