Judicial Guardianship in Delft
Judicial guardianship takes effect when the sub-district judge of the District Court of The Hague appoints a guardian for a minor child from Delft who has no statutory guardian. This safeguards the child's care and finances, for example after the death of both parents without family members who automatically become guardians. Discover the rules, steps, and local practices for residents of Delft.
Legal Basis of Judicial Guardianship
The rules are set out in the Dutch Civil Code Book 1 (DCC), Title 15. Judicial guardianship is governed by Article 1:298 DCC: the sub-district judge of the District Court of The Hague appoints a guardian if there is no parent with parental responsibility or statutory guardian. This aligns with the general guardianship provisions (Articles 1:252-1:297 DCC).
Guardianship covers personal care and property administration (Article 1:245 DCC). For financial matters, a family law council often provides oversight (Article 1:309 DCC). Everything focuses on the child's best interests, as stipulated in Article 1:247 DCC.
When Does Judicial Guardianship Apply in Delft?
In Delft and surrounding areas, this applies in rare situations:
- Both parents deceased without a statutory guardian, such as grandparents or adult siblings (Article 1:252 DCC).
- Parents unknown or permanently unfit, for example through withdrawal of parental authority (Article 1:261 DCC).
- Request from heirs for an orphaned child in Delft.
- International cases, such as unaccompanied migrant children in the region.
The District Court of The Hague may intervene on its own initiative or grant a request (Article 1:298(2) DCC), often in consultation with the Municipality of Delft.
Procedure at the District Court of The Hague for Delft
For children in Delft, the appointment is handled by the sub-district judge at the District Court of The Hague. The steps are straightforward:
- File a request: Submit yourself or via a lawyer at the District Court of The Hague; justify your suitability (form on rechtspraak.nl). Assistance available from Juridisch Loket Delft.
- Hearing: The judge speaks with those involved and the child from age 12 (Article 1:377 DCC).
- Decision: A ruling within a few weeks. Court fee approximately €85 (2024).
- Registration: In the central guardianship register.
Preference is given to family or local acquaintances, with a focus on the best interests of the child from Delft.
Difference Between Statutory and Judicial Guardianship
| Aspect | Statutory Guardianship | Judicial Guardianship |
|---|---|---|
| Appointment | Automatic by law (e.g., grandparents) | Via District Court of The Hague |
| Legal Basis | Articles 1:252-297 DCC | Article 1:298 DCC |
| Preference | Family members | Most suitable, often local carer |
| Procedure | No court involvement | Request and hearing before sub-district judge |
| Termination | Automatic at age 18 | Discharge by judge (Article 1:320 DCC) |
Read more about guardianship in our article guardianship in Delft.
Responsibilities of the Judicial Guardian
A judicial guardian in Delft is responsible for:
- Daily care: Housing, school choice, healthcare (Article 1:247 DCC).
- Financial management: Accounts, inheritance; annual report to the council (Article 1:309 DCC).
- Legal representation: Decisions on behalf of the child.
Benefits include expense reimbursement (Article 1:316 DCC) and allowances from the estate. Obligation: Put the child first, no personal gain. Discharge for shortcomings (Article 1:320 DCC).
Practice in Delft
Example 1: Both parents of Tim (10) from Delft die in an accident on the A13. Grandparents too frail; local aunt Lisa files a request with the District Court of The Hague. She is appointed guardian and manages school and a €50,000 inheritance.
Example 2: Unaccompanied refugee Sara (14) arrives in Delft. Municipality of Delft requests a foster mother; the judge appoints her with council oversight on benefits.
Example 3: Delft parents in coma; child in out-of-home placement with acquaintance. After withdrawal of parental authority: judicial guardian for continuity.
Thus, judicial guardianship offers tailored solutions in Delft.
FAQs for Residents of Delft
Can I become a guardian for a non-family member in Delft?
Yes, provided you are of legal age, reside in the Netherlands, and are suitable. The judge assesses the child's best interests, background, and intentions at the District Court of The Hague.
What if a guardian in Delft goes bankrupt?
The judge grants discharge (Article 1:320 DCC) and appoints a successor. The child's assets remain protected via the council.
How long does it last in Delft?
Until age 18, adoption, or discharge. Adjustments via the District Court of The Hague.
Is a VOG required for guardians in Delft?
Not always, but the sub-district judge often requests it for child safety.
Tips for Delft
- Preparation: Gather information on your relationship with the child, income, and housing in Delft.
- Seek help: Contact Juridisch Loket Delft for free advice.
- Record-keeping: Document all expenses for the council.
- Consult the child: Involve their wishes from age 12.
- More info: See guardianship, parental responsibility or foster care in Delft.