Parental Authority After Divorce in Amsterdam
Parental authority after a divorce determines in Amsterdam who makes the key decisions on upbringing and care for children under 18. Parents can exercise it jointly or one parent may be granted sole parental authority. This article explains how it works for Amsterdam residents, focusing on local institutions like the Amsterdam District Court.
What does parental authority entail?
In Amsterdam, parental authority means the duty to care for, raise, and represent minors. This covers decisions on schools in Amsterdam-South, medical treatment at the AMC, moves within the city, or religion. After divorce, it usually remains joint, unless the Amsterdam District Court decides otherwise. This ensures stability for the child in the vibrant city.
Under joint parental authority, both parents consult on major issues. Everyday matters, like a trip to Vondelpark or homework, are handled by the primary caregiver.
Legal rules
Parental authority is regulated in Book 1 of the Civil Code (DCC), articles 1:251-1:261. Key provisions:
- Art. 1:251 DCC: Parents must and may care for and raise the child.
- Art. 1:251a DCC: After divorce, both parents retain authority unless otherwise provided.
- Art. 1:257 DCC: Sole authority if joint authority is not in the child's best interests.
- Art. 1:261 DCC: Changes via court order.
The Amsterdam Child Protection Council steps in for risks or serious conflicts. More about the Council in Amsterdam.
Forms of parental authority after divorce
Two options for Amsterdam parents:
| Form | Explanation | Advantages | Disadvantages |
|---|---|---|---|
| Joint parental authority | Both parents decide, regardless of living arrangements. | Full parental involvement; strengthens bonds. | Disputes if communication is poor. |
| Sole parental authority | One parent decides alone; the other loses authority. | Quick decisions in conflicts. | Less input from the other parent. |
Example of joint parental authority
Mother and father from Amsterdam divorce, with their 10-year-old son living with mother. Father proposes a school in Amsterdam-East with excellent sports facilities. Both must consent. No agreement? Proceed to the Amsterdam District Court (art. 1:253 para. 2 DCC).
Example of sole parental authority
In ongoing disputes over care at OLVG Hospital, one parent can seek sole authority. The judge assesses the child's best interests.
Rights and obligations
Rights of those with parental authority:
- Choose residence, school, and healthcare provider.
- Represent the child at school or with the family doctor.
- Obtain information from third parties.
Obligations:
- Provide the child with safety and care.
- Consult on major issues with the co-holder.
- Promote the child's relationship with the other parent.
- Share information (report cards, health updates).
A non-holder retains contact rights (art. 1:377 DCC), unless detrimental.
Changing parental authority: step-by-step guide
How to arrange a change in Amsterdam:
- Talk with your ex-partner; often sufficient.
- Mediation via a family mediator.
- Request to the Amsterdam District Court (family division). Court fee approx. €85 (2023). Advice from Amsterdam Legal Aid Desk.
- The judge consults parents, child (from age 12), and Child Protection Council.
- Ruling within months.
Urgent cases? Request an interim measure.
Frequently asked questions
Can you voluntarily relinquish authority?
Yes, via notary (art. 1:258 DCC). Rare, subject to court review of child safety.
What if a partner dies under joint authority?
Authority passes to the surviving parent; no action needed.
Can you move without consent?
No under joint authority; notify Municipality of Amsterdam. Risks sanctions otherwise. Call Amsterdam Legal Aid Desk.
Ex blocks decisions?
Send a registered letter, then court for unilateral decision-making right (art. 1:253 para. 2 DCC).
Tips for Amsterdam residents
Avoid disputes:
- Document agreements in writing (email/app) for evidence.
- Create a parenting plan covering authority, care, and costs.
- Take co-parenting courses from local providers or Municipality of Amsterdam.
- Free advice: Amsterdam Legal Aid Desk (call 020-753 81 70).