Parental Authority after Divorce in Utrecht

Parental Authority after Divorce in Utrecht

Parental authority after a divorce determines in Utrecht who bears responsibility for the upbringing and care of minor children. This can remain joint or one parent may be granted sole parental authority. In this article, we explore the rules and practical application, with a focus on local institutions such as the District Court of Midden-Nederland.

What does parental authority mean?

In Utrecht, parental authority means that parents are obliged to raise, care for, and represent children up to 18 years of age. This includes decisions about education in neighborhoods such as Overvecht or the city center, medical treatments at UMC Utrecht, relocations within the region, and religious upbringing. After a divorce, authority usually remains joint, unless the District Court of Midden-Nederland decides otherwise to ensure stability for the child.

With joint parental authority, parents must decide together on important matters. Daily choices, such as participation in sports at Kampong Hockey, are made by the custodial parent.

Legal framework

The rules for parental authority are set out in Book 1 of the Dutch Civil Code (BW), articles 1:251 to 1:261. Key points:

• Article 1:251 BW: Parents are responsible for care and upbringing.
• Article 1:251a BW: After divorce, authority often remains joint, unless otherwise determined.
• Article 1:257 BW: Sole parental authority possible if joint authority is not in the child's interest.
• Article 1:261 BW: Changes go through the court.

The Council for the Protection of Juveniles may intervene in cases of risks or serious conflicts. For advice, you can contact the regional office in Utrecht.

Types of parental authority in Utrecht

After a divorce, there are two options:

Example of joint parental authority

A divorced couple in Utrecht has an 8-year-old daughter who lives with the mother. The father wants to enroll her in a school in Kanaleneiland due to its good reputation. Both parents must consent. In case of disagreement, the matter can be submitted to the District Court of Midden-Nederland (art. 1:253(2) BW).

Example of sole parental authority

If parents continuously argue about medical care at Diakonessenhuis, one parent can apply for sole parental authority. The court looks at the best interests of the child.

Rights and obligations

Rights:

• Decide on residence, education, and care.
• Represent the child with authorities such as the Municipality of Utrecht.
• Request information about the child.

Obligations:

1. Guarantee the child's safety and care.
2. Consult with the other parent in case of joint parental authority.
3. Support the relationship with the other parent.
4. Share information (school results, health).

No parental authority? Contact rights may still apply (art. 1:377 BW), provided it is not harmful.

Changing parental authority in Utrecht

Step-by-step plan:

1. Consult with the ex-partner.
2. Engage mediation via a Utrecht family mediator.
3. File a request with the District Court of Midden-Nederland (family and juvenile division). Court fee approximately €85 (2023).
4. The judge speaks with parents, the child (from 12 years old), and possibly the Council for the Protection of Juveniles.
5. Decision follows within a few months.

In urgent cases, you can apply for an interim measure. Start for free at the Juridisch Loket Utrecht.

Frequently asked questions

Advice for parents in Utrecht

To prevent problems:

• Keep communication in writing via email or app.
• Draw up a parenting plan with clear agreements.
• Follow coparenting training via Municipality of Utrecht or Juridisch Loket Utrecht.
• Engage local experts for smooth handling.