Authority after Divorce in Delft
Parental authority after a divorce determines in Delft who bears responsibility for the upbringing and care of minor children. This can remain joint or one parent may be granted sole parental authority. This article covers the regulations and practice, with specific information on local support such as the Juridisch Loket Delft.
What does parental authority mean?
In Delft, parental authority means that parents are obliged to care for, raise, and represent children up to 18 years of age. This includes decisions about education in neighborhoods such as Tanthof or Voorhof, medical treatments at Reinier de Graaf Gasthuis, moves within the city, and religious upbringing. After a divorce, authority usually remains joint, unless the court decides otherwise to ensure stability for the child.
With joint authority, parents must make important choices together. Day-to-day matters, such as sports at DHC Delft, are handled by the parent with whom the child resides.
Legal framework
The rules for parental authority are set out in Book 1 of the 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 generally remains with both parents, unless otherwise determined.
- Article 1:257 BW: Sole parental authority possible if joint authority harms the child.
- Article 1:261 BW: Changes are made via the court.
The Council for Child Protection may intervene in cases of risks or serious conflicts. For advice, contact their regional office near Delft.
Types of authority in Delft
Options after a divorce:
| Type | Explanation | Advantages | Disadvantages |
|---|---|---|---|
| Joint authority | Both parents make decisions, regardless of residence. | Both parents remain involved; strengthens relationships. | Problems due to lack of communication. |
| Sole parental authority | One parent decides; the other has no say. | Efficient decision-making in conflicts. | Less input from the other parent. |
Example of joint authority
A divorced couple in Delft has an 8-year-old daughter living with the mother. The father wants to enroll her in a school in Buitenhof due to better programs. Both parents must agree. No agreement? The court decides (art. 1:253(2) BW).
Example of sole parental authority
In cases of ongoing disagreement about medical care at Reinier de Graaf Gasthuis, one parent may apply for sole authority. The court considers the child's welfare.
Rights and duties
Rights:
- Decide on residence, education, and care.
- Represent the child with authorities such as the Municipality of Delft.
- Request information about the child.
Duties:
- Provide the child with a safe environment.
- Consult with the other parent exercising authority.
- Promote contact between the child and the other parent.
- Share information (school results, medical records).
No authority? You often still have visitation rights (art. 1:377 BW), unless this is harmful.
Changing authority in Delft
Process:
- Consult with the ex-partner.
- Mediation via a local family mediator in Delft.
- File a request with the court (family division). Court fee approximately €85 (2023).
- The judge speaks with parents, child (from age 12), and sometimes the Council for Child Protection.
- Decision follows within a few months.
Urgent? Apply for an interim measure. Start for free at the Juridisch Loket Delft.
Frequently asked questions
Can I relinquish authority?
Yes, via a notary (art. 1:258 BW), with court review for child safety.
What happens upon death?
Authority automatically passes to the surviving parent.
Moving without agreement?
Not permitted under joint authority. Consequence: visitation may stop or authority changes. Contact Juridisch Loket Delft.
What if the other does not cooperate?
Send a registered letter and ask the court for unilateral permission (art. 1:253(2) BW).
Advice for parents in Delft
Prevent problems:
- Keep communication in writing (e.g., via email).
- Draw up a parenting plan with clear agreements.
- Attend coparenting training via the Municipality of Delft or Juridisch Loket Delft.
- Engage local experts for smooth handling.