Appointed Guardianship in Utrecht
Appointed guardianship is established by the sub-district judge of the Utrecht District Court when there is no statutory guardian for a minor child. It covers the child's personal affairs and finances, for example, in cases where both parents have passed away without family automatically becoming guardian. Specifically for residents of Utrecht: discover the local procedure, rules, and practice at the Utrecht District Court.
Legal Basis for Appointed Guardianship
The rules are set out in the Dutch Civil Code Book 1 (DCC), Title 15. Appointed guardianship is governed by Article 1:298 DCC: the sub-district judge of the Utrecht District Court appoints a guardian if no parent with parental authority or statutory guardian is available. This supplements statutory guardianship (Articles 1:252-1:297 DCC).
Guardianship covers personal care and asset management (Article 1:245 DCC). For finances, oversight is often provided by a family law council (Article 1:309 DCC). The child's best interests are always paramount, as stated in Article 1:247 DCC.
When Does Appointed Guardianship Apply in Utrecht?
In Utrecht, appointed guardianship arises in rare situations:
- Both parents deceased without a statutory guardian, such as grandparents or adult siblings (Article 1:252 DCC).
- Parents unknown or unfit (e.g., deprivation of parental authority, Article 1:261 DCC).
- Request by heirs for an orphan in the Utrecht region.
- International cases, such as unaccompanied migrant children via Municipality of Utrecht.
The sub-district judge of the Utrecht District Court may intervene on their own initiative or grant a request (Article 1:298(2) DCC). Contact Het Juridisch Loket Utrecht for advice.
Procedure at the Utrecht District Court
The application is submitted to the sub-district judge at the Utrecht District Court for children residing in this district. Steps:
- Submit request: Yourself or with a lawyer, stating reasons why you are suitable (form on rechtspraak.nl).
- Hearing: Judge speaks with those involved and the child from age 12 (Article 1:377 DCC).
- Ruling: Decision within weeks; court fee around €85 (2024).
- Registration: Central guardianship register.
Preference is given to family or acquaintances from Utrecht, with a focus on the child's best interests.
Statutory vs. Appointed Guardianship
| Aspect | Statutory Guardianship | Appointed Guardianship Utrecht |
|---|---|---|
| Appointment | Automatic (e.g., grandparents) | Utrecht District Court |
| Legal Basis | Articles 1:252-297 DCC | Article 1:298 DCC |
| Preference | Family | Most suitable, often local foster carer |
| Procedure | No court involvement | Request and hearing at Utrecht District Court |
| Termination | At age 18 | Discharge via judge (Article 1:320 DCC) |
Read more about guardianship in our article guardianship in Utrecht.
Responsibilities of the Appointed Guardian
An appointed guardian in Utrecht handles:
- Daily care: Housing, school, health (Article 1:247 DCC).
- Finances: Bills, inheritance; annual report to council (Article 1:309 DCC).
- Representation: Decisions on behalf of the child.
Benefits: Reimbursement of expenses (Article 1:316 DCC), allowance from inheritance. Duty: Child first, no self-interest. Discharge in case of issues (Article 1:320 DCC).
Practice in Utrecht
Example 1: After an accident on the A2 near Utrecht, parents of Tim (10) pass away. Grandparents unavailable; aunt from Kanaleneiland appointed by Utrecht District Court to manage €50,000 inheritance plus school in Utrecht.
Example 2: Unaccompanied refugee Sara (14) via Municipality of Utrecht. Foster mother from Overvecht granted guardianship with council oversight on benefits.
Example 3: Parents in coma; UHP child from Utrecht South placed with acquaintance. After deprivation of parental authority: appointed guardianship for continuity.
Thus, appointed guardianship in Utrecht provides tailored solutions.
Frequently Asked Questions about Utrecht
Can I become guardian for a non-family member in Utrecht?
Yes, provided you are of legal age, resident in the Netherlands, and suitable. Utrecht District Court assesses child's best interests, background, and motivation.
What if the guardian goes bankrupt in Utrecht?
Judge discharges (Article 1:320 DCC) and appoints new one. Child's assets protected by council.
How long does it last in Utrecht?
Until age 18, adoption, or discharge. Changes via Utrecht District Court.
Is a VOG required at Utrecht District Court?
Not always, but often requested for child safety.
Tips for Utrecht Residents
- Preparation: Demonstrate bond with child and your own stability (job, home in Utrecht).
- Seek help: Start at Het Juridisch Loket Utrecht for free advice.
- Administer: Record expenses for council.
- Involve the child: Consult from age 12 for better relationship.
- More info: See guardianship, parental authority or foster care in Utrecht.