Judicial Guardianship in Amsterdam
Judicial guardianship in Amsterdam is appointed by the sub-district court judge of the District Court of Amsterdam when there is no statutory guardian for a minor child. This safeguards the child's care and finances, for example, if both parents pass away without family who automatically become guardian. Learn about the rules, steps, and local practices for Amsterdam residents.
Legal Basis of Judicial Guardianship
The rules are laid down in the Dutch Civil Code Book 1 (BW), Title 15. Judicial guardianship is governed by Article 1:298 BW: the sub-district court judge of the District Court of Amsterdam appoints a guardian if no parent with parental authority or statutory guardian is available. This ties into the general guardianship provisions (Articles 1:252-1:297 BW).
Guardianship covers personal care and asset management (Article 1:245 BW). Financial oversight often involves a family law council (Article 1:309 BW). The child's best interests are always paramount, as stated in Article 1:247 BW.
When to Apply for Judicial Guardianship in Amsterdam
In Amsterdam, judicial guardianship arises in rare situations:
- Both parents deceased without a statutory guardian, such as grandparents or adult siblings (Article 1:252 BW).
- Parents unknown or unfit, e.g., after withdrawal of parental authority (Article 1:261 BW).
- Heirs request guardianship for an orphan in the city.
- In cases of migration or adoption without family, often via Municipality of Amsterdam.
The District Court of Amsterdam can act on its own initiative or upon request (Article 1:298(2) BW).
Procedure at the District Court of Amsterdam
For children in Amsterdam, applications go to the sub-district court judge at the District Court of Amsterdam. The steps are straightforward:
- File a request: Yourself or with a lawyer, stating why you are suitable (form on rechtspraak.nl).
- Hearing: The judge speaks with those involved and the child from age 12 (Article 1:377 BW).
- Ruling: Decision within weeks; court fee around €85 (2024).
- Registration: In the central guardianship register.
Preference is given to family or local acquaintances in Amsterdam.
Difference Between Statutory and Judicial Guardianship
| Aspect | Statutory Guardianship | Judicial Guardianship Amsterdam |
|---|---|---|
| Appointment | Automatic by law | District Court of Amsterdam |
| Legal Basis | Articles 1:252-297 BW | Article 1:298 BW |
| Preference | Family members | Most suitable, often foster carer or acquaintance |
| Procedure | No court involvement | Request and hearing before sub-district judge |
| Termination | At age 18 | Discharge via court (Article 1:320 BW) |
Read more about guardianship in our article guardianship.
Rights and Duties of a Judicial Guardian
A judicial guardian in Amsterdam is responsible for:
- Care and upbringing: Housing, school, healthcare (Article 1:247 BW).
- Finances: Accounts, inheritance; annual report to the council (Article 1:309 BW).
- Representing interests: Acting on behalf of the child.
Benefits include expense reimbursement (Article 1:316 BW) and allowances from inheritance. Duties: Prioritize the child, no personal gain. Discharge possible in case of issues (Article 1:320 BW).
Real-Life Examples from Amsterdam
Example 1: After an accident on the A10, Tim's (10) parents die. Grandparents unsuitable; aunt from Amsterdam-South appointed by the District Court of Amsterdam. She manages school and €50,000 inheritance.
Example 2: Refugee Sara (14) arrives alone via Municipality of Amsterdam. Foster mother gets guardianship with council oversight on benefits.
Example 3: Parents in coma; out-of-home child from West placed with acquaintance. After authority withdrawal: judicial guardianship for continuity.
Thus, judicial guardianship in Amsterdam provides swift solutions.
Frequently Asked Questions
Can I become a guardian in Amsterdam without family ties?
Yes, if of legal age, resident in Amsterdam, and suitable. The judge checks background and motivation based on the child's best interests.
What if a guardian in Amsterdam goes bankrupt?
District Court of Amsterdam discharges and appoints a new one; child's assets protected via council (Article 1:320 BW).
How long does it last in Amsterdam?
Until age 18, adoption, or discharge. Changes via sub-district judge.
Is a VOG required for guardians in Amsterdam?
Not always, but the District Court of Amsterdam often requests a certificate of conduct.
Tips for Amsterdam Residents
- Preparation: Show connection to child, stability (job, home in Amsterdam).
- Seek help: Start at Juridisch Loket Amsterdam or family law lawyer for free advice.
- Administration: Record expenses for the council.
- Consult the child: Involve wishes from age 12.
- More info: See guardianship, parental authority or foster care.