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Familierecht

Applying for Sole Parental Authority at Amsterdam District Court

Learn how to apply for sole parental authority at Amsterdam District Court: procedure, conditions and assistance via Juridisch Loket for Amsterdam residents (128 characters)

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Applying for Sole Parental Authority at Amsterdam District Court

For Amsterdam residents, sole parental authority means that one parent exercises parental authority over a minor child alone. This contrasts with joint parental authority, where parents make decisions together. Amsterdam residents can apply for this at the Amsterdam District Court if joint parental authority harms the child, such as in cases of severe conflicts or abuse. The court strictly assesses whether the application serves the child's best interests.

What Does Sole Parental Authority Mean for Amsterdam Parents?

Sole parental authority gives one parent full authority over upbringing and care, including school choice in Amsterdam neighborhoods, medical care, and relocation within or outside the city. By default, the mother receives this at birth if unmarried parents have not acknowledged the child (Article 1:251(2) BW). Upon acknowledgment, marriage, or partnership, joint parental authority generally applies.

Amsterdam parents can later convert this via a request for sole parental authority, a significant step since the law prioritizes joint parental authority for the child's benefit (Article 1:247 BW).

Legal Basis in the Dutch Civil Code

Rules on parental authority are found in Book 1 of the Dutch Civil Code, Title 17:

  • Article 1:251 BW: Default sole parental authority with the mother for unmarried parents.
  • Article 1:261 BW: Deprivation of authority when necessary for child protection.
  • Article 1:257 BW: Exclusion of an unsuitable parent.
  • Article 1:262 BW: Rules for requesting changes.
The Amsterdam District Court prioritizes the best interests of the child (Article 1:247 BW), in line with the UN Convention on the Rights of the Child.

When to Apply for Sole Parental Authority in Amsterdam?

For Amsterdam residents, this is relevant when joint parental authority breaks down:

  • Intense parental conflicts blocking upbringing.
  • Parent unfit due to addiction, violence, or neglect.
  • Great distances, such as from Amsterdam-Centre to Zuidoost, causing decision deadlocks.
  • Following divorce or dissolution of partnership.
Evidence is crucial; the Amsterdam District Court often involves the Child Care and Protection Board (RvdK) or an expert.

Comparison: Sole vs. Joint Parental Authority

AspectSole Parental AuthorityJoint Parental Authority
Decision-MakingSolely by the authority holderJoint consultation
Legal PreferenceExceptionStandard
Parental FitnessMust be provenBoth capable
Contact with Non-Authority HolderPossiblePossible

Procedure at Amsterdam District Court

The application starts at the Amsterdam District Court. Steps for Amsterdam residents:

  1. Seek Advice: Begin at Juridisch Loket Amsterdam for free advice, then hire a lawyer (mandatory, Article 1:262 BW).
  2. Submit Request: To Amsterdam District Court, child's place of residence (via Rechtspraak.nl).
  3. Gather Evidence: Birth certificate, IDs, RvdK reports, witness statements.
  4. Hearing: Judge hears parents, child (from age 12), and experts.
  5. Ruling: Judgment in 4-12 months, immediately enforceable, appeal possible.
  6. Registration: In the parental authority register.
Costs: €1,000-€5,000 (lawyer + €86 court fee).

Examples from Amsterdam Practice

Example 1: Divorced parents in De Pijp; father addicted, blocks school choice. Mother awarded sole parental authority with RvdK report, contact preserved.
Example 2: Unmarried parents in Oud-West argue over move to Bijlmer. Mother granted authority after failed mediation.
Example 3: In cases of violence in Amsterdam-Noord: Mother and child to safe address, father deprived of authority.

Rights and Obligations in Amsterdam

The authority holder:

  • Rights: Representation, decisions on school, care, housing.
  • Obligations: Maintenance, protection, sharing information (Article 1:257a BW).
The non-authority holder retains contact and access rights, unless prohibited.

FAQs for Amsterdam Residents

Can I apply without a lawyer?

No, mandatory (Article 1:262 BW). Via Juridisch Loket Amsterdam or Council for Legal Aid for subsidies.

If the other parent objects?

The judge rules based on the child's best interests. Mediation first; then hearing with experts at Amsterdam District Court.

Does the other parent lose all rights?

No, contact and information rights remain; only authority is removed.

How to revert to joint parental authority?

Via a new request to Amsterdam District Court, with proof of improved circumstances and child's best interests.