In exceptional cases, a court in Utrecht may terminate parental authority. This is a drastic step taken only if the child's well-being is at stake.
When can authority be terminated?
A court in Utrecht may decide to terminate authority if:
- There is serious neglect or abuse of the child
- The parent is unable to exercise authority in a responsible manner
- The child's development is seriously threatened
- A supervision order (OTS) has insufficient effect
Difference between termination, suspension, and old terms
| Type of measure | Description |
|---|---|
| Suspension | Temporary measure during an ongoing investigation |
| Termination | Permanent measure, requested by the Council or prosecutor |
| Discharge (obsolete) | Term no longer used since 2015 |
| Deprivation (obsolete) | Term replaced by termination since 2015 |
Who can file a request for termination?
- Council for Child Protection
- Public Prosecution Service (public prosecutor)
- Certified youth protection institution
Parents or family members cannot file a direct request, but can make a report to the Council in Utrecht.
Steps in the procedure
- Investigation by the Council for Child Protection
- Filing of a petition with Rechtbank Midden-Nederland
- Hearing where all parties, including the child, are heard
- Appointment of a guardian, often a certified institution
- Registration of the judgment in the parental authority register
What are the consequences?
Upon termination of authority in Utrecht:
- The parent loses legal representation of the child
- A guardian takes all important decisions
- Contact with the child remains possible in principle
- The maintenance obligation remains in force
Is restoration of authority possible after termination?
It is possible to request restoration of authority, but this is rarely granted. Only in cases of significant improvement in the situation and if it is in the child's best interest, may this be considered.What distinguishes termination from out-of-home placement?
In out-of-home placement, the parent retains authority, but the child lives elsewhere. Termination means complete loss of authority, which passes to a guardian. Out-of-home placement is less intrusive.Is contact with my child still possible?
After termination of authority, you have the right to contact with your child in principle. However, this may be restricted by the court or guardian if it is better for the child.Frequently asked questions about termination of authority in Utrecht
How long does a procedure take at Rechtbank Midden-Nederland?
This process usually takes several months, depending on the case. The Council first conducts an investigation (4-12 weeks), followed by a hearing. Urgent cases can be handled faster. Contact a lawyer via the Juridisch Loket Utrecht at Catharijnesingel 55.
Can I appeal the decision?
Yes, within three months of the judgment, you can lodge an appeal. A lawyer can assist you. The termination remains in effect during the appeal.
What does a termination procedure cost?
If the Council or the Public Prosecution Service initiates the procedure, there are no court fees. Lawyer costs can add up, unless you qualify for subsidized legal aid via the Council for Legal Aid.