Parental authority means that as a parent you have the responsibility and the right to raise and care for your minor child. It determines who makes the important choices in the child's life.
Meaning of parental authority
Parental authority consists of three core components:
- Upbringing and care: Providing daily support to the child
- Legal representation: Representing the child in official matters
- Asset management: Managing the child's finances and property
Important decisions under authority
| Subject | Examples of decisions |
|---|---|
| Education choices | School selection, changing schools, extra lessons |
| Health | Medical interventions, vaccinations, treatment plans |
| Place of residence | Moving house, child's living arrangement |
| Religion | Religious education, ceremonies |
| Finances | Savings accounts, inheritances, policies |
| Documents | Application for passport or identity card |
Who gets parental authority?
Automatic authority is granted to:
- The biological mother (unless deprived)
- The father who is married or has a registered partnership
- The father who has acknowledged the child and has registered authority
How long does authority last?
Parental authority remains in effect until:
- The child reaches the age of 18
- The child is declared of legal age by a court
- A court terminates the authority
Difference between authority and contact
Authority and contact are not the same:
| Authority | Contact |
|---|---|
| Right to make legal choices | Right to spend time with the child |
| May lie with one or both parents | Right of all parents |
| Necessary for important choices | Separate from authority |
Can a parent without authority still make decisions?
A parent without authority may not make legal choices for the child. However, this parent has the right to updates about the child and contact time. Daily choices during contact are possible, but major matters such as education or health fall under the parent with authority.What to do in case of disagreement over decisions?
In joint authority, parents must agree together on important matters. If this is not possible, a court can be asked for a ruling. This process is called 'substitute permission'.Can a non-parent get authority?
Yes, a court can assign authority to someone else, such as a guardian, if parents die, lose authority, or if the child needs it.Frequently asked questions about authority in Utrecht
How can I as an unmarried father apply for authority?
As an unmarried father, you can apply for authority via the court in Utrecht, such as the District Court of Midden-Nederland (Vrouwe Justitiaplein 1). This can be done together with the mother or alone if she does not agree. First, you must acknowledge the child at the municipality of Utrecht. Then you apply for authority via the court's digital system. The judge decides based on the child's best interests. This can take several weeks to months.
What if my ex-partner blocks decisions?
In joint authority, both parents must agree to major choices. If there is no agreement, you can try mediation. If that fails, you can apply to the court for substitute permission. The judge in Utrecht will then decide what is best for the child.
Can I have the other parent's authority terminated?
Only a court can terminate authority in serious situations such as neglect or abuse. You file a request with the District Court of Midden-Nederland with evidence. The child's interests are always central to the decision.
May I move with my child if I have authority?
In joint authority, permission from the other parent is needed for a move that affects contact. Without agreement, you can ask the judge in Utrecht for permission. In sole authority, you can decide yourself, but the other parent can object if it is detrimental to the child.
What happens to authority in case of divorce?
In a divorce, authority often remains with both parents. For legal assistance in Utrecht, you can contact the Juridisch Loket Utrecht at Catharijnesingel 55.