In sole parental authority, only one parent is responsible for the upbringing and decisions regarding the child. This deviates from the standard of joint parental authority and is only granted if it serves the child's welfare.
When is sole parental authority granted?
A judge may decide on sole parental authority in situations such as:
- Serious communication problems between the parents
- Presence of domestic violence or child abuse
- Addiction or mental health problems in one parent
- Neglect of the child by one of the parents
- The child being 'stuck' between the parents due to conflicts
What does the 'stuck' criterion entail?
According to the law, sole parental authority may be granted if there is a great risk that the child will become emotionally or psychologically stuck between the parents, without short-term improvement being likely.
Effects of sole parental authority
| Subject/Aspect | Parent with authority | Parent without authority |
|---|---|---|
| Important decisions | Decides everything independently | No say |
| Legal representation | Represents the child | No right of representation |
| Contact with child | Does not decide unilaterally, child has right to contact | Right to contact with child |
| Provision of information | Obliged to inform | Right to essential information |
Steps for applying for sole parental authority
The process to obtain sole parental authority proceeds as follows:
- Submitting a request to the court via a lawyer
- Explaining why joint parental authority is not feasible
- Obtaining advice from the Child Protection Board
- Children from 12 years old are heard by the judge
- Decision is made with the child's best interests paramount
Rights of the parent without authority
The parent without authority retains certain rights, such as:
- Contact and access to the child
- Information on essential matters such as education and health
- Consultation on important decisions
Does sole parental authority mean the other parent can no longer see the child?
No, sole parental authority has no effect on the right to access. The parent without authority retains this right, unless the judge decides otherwise. The child also has the right to contact with both parents.Is it possible to reverse sole parental authority?
Yes, if the situation improves, a request can be submitted to restore joint parental authority, provided it is in the child's best interests.Can a father obtain sole parental authority?
Yes, both mothers and fathers can obtain sole parental authority. The judge assesses who is most suitable to care for the child and where the child is best off.Frequently asked questions about sole parental authority
How can I apply for sole parental authority for my child in Utrecht?
You must submit a request to the Rechtbank Midden-Nederland (Vrouwe Justitiaplein 1, Utrecht) via a lawyer. Explain why joint parental authority does not work, for example due to conflicts or risks to the child. The Child Protection Board often advises, and children from 12 years old are heard. The judge always decides in the child's best interests. Provide supporting evidence, such as statements or reports.
What rights does the parent without authority have?
The parent without authority retains the right to access to the child, unless restricted by the judge. In addition, you have the right to information on matters such as school results and health. For major decisions, such as a move, the parent with authority must consult you, although you do not have decision-making power.
Can sole parental authority be converted back to joint parental authority?
Yes, in improved circumstances you can ask the judge to restore joint parental authority, provided it benefits the child. For example, if communication between parents has improved. Submit a request via a lawyer and motivate why joint parental authority is now possible.
Does sole parental authority affect the access arrangement?
No, sole parental authority changes nothing about the right to access, unless the judge explicitly limits it. The parent with authority may not arbitrarily refuse access; the child has the right to contact with both parents. In case of disagreement, the judge can establish an access arrangement.
What exactly does the 'stuck' criterion entail?
This criterion refers to a situation in which the child becomes emotionally or psychologically stuck due to conflicts between parents. The judge assesses whether this poses an unacceptable risk to the child and whether short-term improvement is unlikely.
Contact and support in Utrecht
For legal advice, you can go to the Juridisch Loket Utrecht, located at Catharijnesingel 55. For matters regarding sole parental authority, you can contact the Rechtbank Midden-Nederland at Vrouwe Justitiaplein 1.