Parental Authority and Care in Amsterdam
In Amsterdam, parents with minor children have rights and duties to care for, raise, and protect them. This covers daily needs, medical decisions, and emotional guidance, essential for the child's development. Dutch family law governs this, applying automatically upon marriage or partnership. In cases of divorce, the Amsterdam District Court typically awards it, tailored to local circumstances.
What does parental authority and care mean?
Parental authority encompasses all rights and obligations of parents toward their children under 18. At its core is care, focused on the child's physical, emotional, and social well-being. This extends beyond basic needs like food, clothing, and shelter to include decisions on school choice in Amsterdam neighborhoods, healthcare, and leisure activities.
Amsterdam parents typically share responsibility for upbringing, unless the Amsterdam District Court rules otherwise. After divorce, parental authority often remains joint, while care resides with the parent where the child primarily lives. Authority decisions cover major issues, while care handles day-to-day matters.
Example: For a child's surgery at the AMC, parents with joint authority must decide together, but the caring parent in Amsterdam-South handles the arrangements, such as the hospital visit.
Legal rules
The foundation is in Book 1 of the Civil Code (BW), Title 7: Parental Authority. Key articles:
- Article 1:247 BW: Parents must and may care for and raise the child.
- Article 1:251 BW: Joint upon marriage or partnership.
- Article 1:257 BW: Award upon divorce by the Amsterdam District Court.
- Article 1:261 BW: Children aged 12 and older may express their opinion.
The Youth Care Act assists with care issues; in Amsterdam, the Municipality of Amsterdam coordinates this, potentially involving the Child Care and Protection Board. The UNCRC (Article 3) prioritizes the child's best interests.
Rights and duties of parents in Amsterdam
Parents in the capital balance rights with duties, emphasizing safe upbringing.
Rights
- Decisions on school (e.g., Amsterdam primary education), religion, and healthcare.
- Approval for travel outside the Netherlands.
- Access to information about the child, including for the non-caring parent.
Duties
- Provide basic needs (food, housing, clothing).
- Promote emotional and moral development.
- Protect against danger or neglect.
- Cooperate with the ex-partner, unless harmful.
Breach of duties may lead to out-of-home placement via the Child Care and Protection Board; seek help at the Amsterdam Legal Aid Desk.
Practical examples in Amsterdam
Upon divorce: Parents Lisa and Tom from Amsterdam-East are granted joint authority by the Amsterdam District Court, with care to Lisa. Tom pays child support and visits the child. In case of illness, Lisa informs him about OLVG options.
For unmarried parents: Mother has automatic authority; father must acknowledge paternity and apply to the Amsterdam District Court (Art. 1:253 BW). Without acknowledgment, no care but maintenance obligation remains.
Conflicts over e.g., VMBO choice? Try mediation at the Amsterdam Legal Aid Desk or go to court. The Amsterdam District Court handles thousands of authority cases annually, with the child's best interests central.
Comparison: Joint vs. sole authority
| Aspect | Joint parental authority | Sole parental authority |
|---|---|---|
| Decisions | Made together | By the authority holder alone |
| Care | Flexibly shared | With one, contact for the other |
| Application | Standard after divorce | In cases of incapacity or conflict |
| Benefits | Both parents involved | Quick decisions, stability |
Frequently asked questions
Can I as a single parent in Amsterdam change authority?
Yes, apply for joint authority at the Amsterdam District Court after acknowledgment. Required: consent or court review of child's best interests. Start at the Amsterdam Legal Aid Desk.
What if the other parent neglects care?
Report to the Child Care and Protection Board or Amsterdam District Court; possible authority adjustment or sanctions.
Does a stepparent in Amsterdam have rights?
No, no automatic authority or care.