As an unmarried father in Utrecht, you do not automatically have parental authority over your child. From 2023, you automatically obtain joint parental authority upon recognition, but for earlier recognitions, you must apply for it separately at the court.
Automatic Parental Authority from 2023
As of 1 January 2023, a father who recognises his child in Utrecht automatically obtains joint parental authority with the mother. This applies only to recognitions from this date.
Applying for Parental Authority for Recognitions Before 2023
If you recognised your child before 2023, you must apply for parental authority separately at the District Court of Midden-Nederland:
Joint Application (with Mother's Consent)
- Download and complete the 'Request for Joint Parental Authority' form.
- Have both parents sign the form.
- Send it to District Court of Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht.
- No hearing required; the parental authority is registered in the parental authority register.
Unilateral Application (Without Mother's Consent)
- Submit a petition through a lawyer.
- Explain why parental authority is in the child's best interests.
- The court in Utrecht assesses your application.
- The mother may lodge an objection.
- The judge makes a decision.
Conditions for a Unilateral Application
The judge in Utrecht grants parental authority if:
- You have a demonstrable relationship with the child.
- Parental authority is deemed to be in the child's best interests.
- There are no risks to the child's well-being.
Parental Authority Register in Utrecht
The parental authority is recorded in the parental authority register of the District Court of Midden-Nederland. This register is public and can be viewed via rechtspraak.nl or in person at Vrouwe Justitiaplein 1.
| Situation | Father's Parental Authority |
|---|---|
| Married at birth | Automatic |
| Registered partnership | Automatic |
| Recognition after 1-1-2023 | Automatic upon recognition |
| Recognition before 1-1-2023 | Apply at Utrecht court |
Are there costs associated with applying for parental authority?
A joint application is free of charge. For a unilateral application, you pay court fees and lawyer's fees. With a low income, you may be eligible for subsidised legal aid via the Juridisch Loket Utrecht, Catharijnesingel 55.Can the mother block parental authority?
If the mother does not consent to joint parental authority, you can submit a unilateral application to the court in Utrecht. The judge determines whether parental authority is in the child's best interests. The mother's refusal alone is not grounds for rejection.What is the duration of the procedure in Utrecht?
A joint application is usually processed within a few weeks. A unilateral application takes on average 3 to 6 months, depending on the case and any involvement of the Child Protection Board.Frequently Asked Questions about Parental Authority in Utrecht
How do I apply for parental authority if the mother consents?
Complete the 'Request for Joint Parental Authority' form together, sign it and send it to the District Court of Midden-Nederland in Utrecht. This process is free and takes a few weeks.
What if the mother does not consent to parental authority?
You can submit a unilateral application through a lawyer to the court in Utrecht. Demonstrate why parental authority is important for the child. The procedure takes on average 3-6 months.
What are the costs for a parental authority application?
A joint application costs nothing. For a unilateral application, you pay court fees (€100-€300) and lawyer's fees. With a low income, you can get help via the Juridisch Loket Utrecht.
How long does it take to obtain parental authority?
A joint application is processed quickly, often within weeks. A unilateral application takes longer, on average 3-6 months, depending on the situation.
Do I automatically get parental authority upon recognition before 2023?
No, for recognitions before 1 January 2023, you must apply for parental authority at the District Court of Midden-Nederland, even if you have already recognised the child.
What are the requirements for a unilateral application?
You must prove that you are involved with the child, that parental authority is in the child's best interests and that there are no risks to the child. This can be done with documents or statements.