Terug naar Encyclopedie
Familierecht

Applying for Sole Parental Authority in Delft

Applying for sole parental authority in Delft at The Hague District Court: steps, conditions and help via Delft Legal Aid Office for the child's best interests.

3 min leestijd

Applying for Sole Parental Authority in Delft

In Delft, sole parental authority means that one parent is fully responsible for parental authority over a minor child. This contrasts with joint parental authority, where parents make decisions together. You can apply for this at the The Hague District Court if joint parental authority harms the child, such as through severe disputes or neglect. The family judge strictly assesses whether the application serves the child's best interests, considering local circumstances in Delft.

What does sole parental authority mean for parents in Delft?

Sole parental authority gives one parent authority over key decisions for the child, such as primary school in Delft, medical care, or relocation within the municipality. By default, the mother has this authority at birth if unmarried parents have not acknowledged the child (Article 1:251(2) BW). Acknowledgment, marriage, or registered partnership usually results in joint parental authority.

Switching to sole parental authority via a petition is an exceptional step, as the law prioritizes joint parental authority for the child's benefit (Article 1:247 BW).

Legal basis for sole parental authority

Parental authority rules are in Book 1 of the BW, Title 17:

  • Article 1:251 BW: Exercise of authority, default with mother for unmarried parents.
  • Article 1:261 BW: Deprivation of joint authority if necessary for child protection.
  • Article 1:257 BW: Exclusion of parent due to incapacity.
  • Article 1:262 BW: Rules for requesting changes.
The The Hague District Court prioritizes the child's best interests (Article 1:247 BW), inspired by the UN Convention on the Rights of the Child.

When to apply for sole parental authority in Delft?

For residents of Delft, an application is possible in cases of joint parental authority issues:

  • Intense parental conflicts hindering upbringing.
  • Parent unfit due to abuse, addiction, or neglect.
  • Significant distances or deadlocked decisions, e.g., future TU Delft studies.
  • Following divorce or end of partnership.
Evidence is crucial; the Child Protection Board often advises after investigation.

Comparison: sole vs. joint parental authority

AspectSole parental authorityJoint parental authority
Decision-makingSolely the authority holderJoint consultation
Legal preferenceExceptionStandard
Parental fitnessMust be provenBoth capable
Contact for non-holderRemains protectedRemains protected

Procedure for sole parental authority at The Hague District Court

For children in Delft, the case is handled by the The Hague District Court. Steps:

  1. Consult Delft Legal Aid Office or lawyer: Mandatory for cases involving minors (Article 1:262 BW).
  2. Submit petition: To The Hague District Court, child's place of residence (Rechtspraak.nl).
  3. Gather documents: Birth certificate from Delft Municipality, IDs, evidence (Child Protection Board reports).
  4. Hearing: Judge hears parents, child (from age 12), experts.
  5. Ruling: Judgment within months, immediately enforceable, appeal possible.
  6. Registration: In the parental authority register.
Duration: 4-12 months, costs €1,000-€5,000 (advice + €86 court fee).

Real cases from the Delft region

Case 1: Divorced Delft parents; father addicted, blocks school choice. Mother awarded sole authority with Child Protection Board investigation, contact preserved.
Case 2: Unmarried Delft residents argue over relocation. Mother granted authority after failed mediation and evidence of coercion.
Case 3: Domestic violence: Mother and child to Delft Safe at Home; court awards temporary sole authority.

Rights and duties under sole parental authority

The authority holder:

  • Rights: Representation, decisions on residence, school, care.
  • Duties: Maintenance, safety, sharing information with ex-partner (Article 1:257a BW).
The non-holder retains contact rights and right to information, unless deprived.

Frequently asked questions

Can I proceed without a lawyer in Delft?

No, mandatory (Article 1:262 BW). Start at Delft Legal Aid Office for legal aid via the Legal Aid Council.

If the other parent objects?

Judge weighs child's best interests; mediation via Delft Municipality first. Then hearing with advice.

No rights left for the other parent?

No, contact and information rights remain; only authority lapses.

Switch back to joint parental authority?

Yes, via new petition to The Hague District Court if circumstances change and it serves the child's interests.