Joint parental authority means that both parents jointly bear the responsibility for the upbringing and important choices regarding their child. In the Netherlands, and thus also in Utrecht, this is the standard rule for married parents and usually remains in effect after a divorce.
How does joint parental authority arise?
In the following situations, joint parental authority arises automatically:
- Parents who are married at the birth of the child
- Parents in a registered partnership
- Recognition by the father after 1 January 2023 (automatic authority)
Even after a divorce, joint parental authority generally remains the norm in Utrecht and elsewhere.
What does joint parental authority entail?
With joint parental authority, both parents have rights and obligations, such as:
| Subject | Explanation |
|---|---|
| Choice of school | Both parents must agree |
| Medical interventions | Consent of both is required |
| Child's relocation | Consultation and often approval required |
| Passport/ID application | Signature of both parents required |
| Financial decisions | Consult and decide together |
Joint parental authority after divorce in Utrecht
In the event of a divorce, joint parental authority normally remains in place. This means:
- Both parents retain parental authority over the child
- Major decisions are made jointly
- A parenting plan describes the practical arrangements
- Sole parental authority is only granted in exceptional cases
Resolving conflicts
If parents with joint parental authority have a conflict, they can:
- Try to resolve it between themselves
- Engage a mediator in Utrecht for assistance
- Request the District Court of Midden-Nederland to issue a ruling (substitute permission)
Practical daily choices
Not every choice requires consultation. The parent with whom the child is at that moment may make daily decisions about:
- Bedtimes and meals
- Daily activities
- Clothing choices
- Schoolwork and homework
May my ex relocate with our child without my permission?
With joint parental authority, the parent who wishes to relocate must obtain permission from the other parent. If this permission is refused, the District Court of Midden-Nederland in Utrecht may grant substitute permission after weighing the child's best interests and those of both parents.What if my ex-partner excludes me from decisions?
You can remind your ex-partner in writing of the obligation to involve you. If this has no effect, you can ask the court in Utrecht to intervene or to undo a decision that has been made.Is it possible to terminate joint parental authority?
Yes, upon request, the judge in Utrecht may convert joint parental authority to sole parental authority, but only if it is in the child's best interests and joint parental authority is no longer feasible.Questions about joint parental authority in Utrecht
How does joint parental authority function after a divorce?
After a divorce, joint parental authority remains in effect. Both parents remain involved in important choices, such as education, healthcare, and residence. The parenting plan regulates the practical aspects. Only in cases of serious problems may the judge grant sole parental authority.
Can my ex just relocate with our child?
No, with joint parental authority, permission from both parents is required. If refused, the judge in Utrecht may make a decision, with the child's best interests taking precedence.
What to do if my ex does not involve me?
Send a written reminder to your ex about the obligation to consult. If this does not help, you can approach the District Court of Midden-Nederland in Utrecht for a solution.
Which choices may I make independently?
Daily matters such as bedtime, meals, clothing, and activities may be decided by you alone if the child is with you. For major matters, consultation is always required.
How do I apply for sole parental authority?
You can submit a request to the District Court of Midden-Nederland in Utrecht. This will only be granted if joint parental authority is not in the child's best interests, for example, in cases of persistent conflicts.
Contact in Utrecht:
- District Court of Midden-Nederland, Vrouwe Justitiaplein 1
- Juridisch Loket Utrecht, Catharijnesingel 55