Parental authority (gezag) is the right and duty to make decisions about your child’s upbringing, schooling, medical care and place of residence. A mother acquires it automatically when she gives birth, unless she is a minor herself. Since 1 January 2023, an unmarried partner who acknowledges a child also acquires joint authority automatically, together with the mother.
What does parental authority mean?
Parental authority gives you the power to decide on the important matters in your child’s life, such as medical treatment, school choice and where your child lives. Dutch law knows sole custody (eenhoofdig gezag), held by one parent, and joint custody (gezamenlijk gezag), exercised by both parents together.
Can joint authority be changed into sole authority?
Joint custody that existed during the marriage or partnership normally continues after a divorce, because this usually serves your child’s interests best. In divorce or post-divorce proceedings, however, either parent can ask the court to grant sole custody instead.
The court will only grant sole custody in one of the following situations:
- there is an unacceptable risk that your child becomes trapped or lost between you and the other parent, with no real prospect of improvement in the near future; or
- a change of custody is otherwise necessary in your child’s best interests.
This “trapped or lost” criterion (klem-of-verloren-criterium) follows from article 1:251a of the Dutch Civil Code. In practice, courts grant sole custody only in exceptional cases, once one of these grounds is met. Once a parent is awarded sole custody, that parent no longer has to consult the other parent on important decisions, and the other parent loses a say in those decisions.
How does the court weigh the best interests of the child?
“The best interests of the child” has no fixed legal definition; the court fills it in based on the circumstances of each family. As a starting point, courts try to preserve joint authority after a divorce, so that you and the other parent can keep making important decisions about your child together.
Poor or difficult communication between parents is, on its own, not enough to end joint custody. The court will only step in once that communication creates a real risk that your child becomes trapped between you, without a realistic prospect of improvement in the short term.
During the proceedings, the court can ask an independent expert for advice, for example the Child Protection Board (Raad voor de Kinderbescherming), to investigate and report on whether sole or joint custody best serves your child.
Can sole authority be changed back into joint authority?
If you currently have sole custody and both parents want to move to joint custody, you can arrange this through the court, in writing or via a digital form. The court then registers the joint custody in the custody register.
If you and the other parent disagree, the parent without custody can still ask the court to grant joint custody under Article 1:253c BW. The court will only refuse this request on the same “trapped or lost” ground described above, or if refusal is otherwise necessary for your child’s best interests. In practice, such requests are usually granted, reflecting the principle of equal parenthood: both parents should, in principle, play an equal role in raising their child.
When does parental authority end?
Parental authority ends by operation of law once your child turns 18 (Article 1:233 BW). From that moment, your child is legally an adult and decides on their own life.
What should you check if you want sole authority?
- Check whether the conflict actually affects your child: poor communication alone does not meet the test of Article 1:251a BW.
- Collect concrete, dated examples of how your child is caught between you, such as reports from school or the GP.
- Consider a narrower request first: under Article 1:253a BW the court can decide a single disputed point, such as school choice.
- Expect the court to ask the Child Protection Board for advice, which adds months to the procedure.
What should you check if you want to keep joint authority?
- Show that you consult the other parent on important decisions and respond to their requests in writing.
- Keep your messages businesslike; they can be submitted to the court.
- Propose mediation or a parenting coordinator to show that improvement is realistic.
- If you lost authority earlier, you can ask for joint authority under Article 1:253c BW.
What can we do for you with parental authority?
Our family law team acts for parents on both sides of authority disputes.
- We assess whether your situation meets the test of Article 1:251a BW before you start proceedings.
- We draft and file the request for sole or joint authority with the district court, or the defence to one.
- We prepare you for the hearing and for the Child Protection Board investigation.
- We file an appeal with the court of appeal within three months of the decision.
Summary
- Parental authority covers the key decisions about your child’s upbringing, schooling, medical care and residence.
- Since 1 January 2023, unmarried parents acquire joint authority automatically once the child is acknowledged.
- Courts only grant sole custody, or change sole custody back to joint custody, on the “trapped or lost” ground under article 1:251a BW or another ground tied to the child’s best interests.
- The Child Protection Board can be asked to advise the court on what serves your child best.
- Parental authority ends automatically once your child reaches the age of 18.
Frequently asked questions
Do both parents automatically keep custody after a divorce?
Yes. Joint custody continues after a divorce unless the court decides otherwise, because continuity usually serves your child’s interests.
Can I lose custody just because I disagree often with the other parent?
No. Difficult communication alone is not enough; the court steps in only once it creates a real risk that your child becomes trapped between you.
