Parental authority means the responsibility and the right to raise and care for a minor child. It determines who makes the important choices in the child's life.
Meaning of parental authority
Parental authority consists of three core components:
- Upbringing and care: Daily guidance of the child
- Official representation: Acting on behalf of the child in formal matters
- Asset management: Management of the child's finances and property
Which decisions fall under authority?
| Subject | Examples |
|---|---|
| Education choices | School selection, changing schools, extra lessons |
| Health | Medical interventions, vaccinations, treatment plans |
| Place of residence | Moving house, determining where the child lives |
| Religious conviction | Religious education, participation in ceremonies |
| Finances | Banking matters, inheritances, policies |
| Identity documents | Application for passport or ID card |
Who gets parental authority?
Automatic authority is granted to:
- The biological mother (except in cases of discharge)
- The father who is married or has a registered partnership
- The father who has acknowledged the child and has registered authority
How long does authority last?
Parental authority remains in effect until:
- The child reaches the age of 18
- A court declares the child of majority
- The authority is withdrawn by a court
Difference between authority and contact
Authority and contact are not the same:
| Authority | Contact |
|---|---|
| Legal responsibility | Right to contact with the child |
| Can be with one or both parents | Right for every parent |
| Required for important choices | Independent of authority |
Can a parent without authority still make decisions?
A parent without authority has no legal say over the child. However, this parent has a right to information and contact. During contact moments, this parent can make practical choices, but major matters such as school or medical care fall under the parent with authority.What if parents cannot agree on a choice?
In joint authority, parents must decide together on important matters. If agreement fails, the court can be asked for a ruling. This process is called 'substitute permission'.Can a non-parent get authority?
Yes, a court can assign authority to someone else, such as a guardian. This can happen in the event of the death of both parents, termination of authority, or if it is in the child's best interest.Frequently asked questions about parental authority in Rijswijk
How can I as an unmarried father apply for authority?
As an unmarried father, you must submit a request to the District Court of The Hague via a digital form. This can be done together with the mother or alone if she does not agree. First, you must acknowledge the child at the municipality of Rijswijk. The court determines whether authority is in the child's best interest. This process can take several weeks to months.
What if my ex-partner blocks decisions?
In joint authority, agreement is required. If this does not work, you can consider mediation. If that fails, you can apply for substitute permission at the District Court of The Hague. The court decides based on the child's best interest. Provide evidence of your involvement.
Can I have the other parent's authority terminated?
Only a court can terminate authority in serious situations such as abuse or neglect. Submit a request to the District Court of The Hague with evidence. The court always prioritizes the child's welfare.
May I move with my child if I have authority?
In joint authority, permission from the other parent is needed for a move that affects contact. Without agreement, you can request substitute permission from the court. In sole authority, you decide yourself, but the other parent can object if the move is detrimental to the child.
What happens to authority in a divorce?
In a divorce, authority usually remains with both parents, unless the court decides otherwise. For advice, you can contact the Juridisch Loket Rijswijk.