Suspension of Parental Authority in Delft
In Delft, suspension of parental authority is a temporary measure in which the family judge of the District Court of The Hague temporarily excludes a parent from exercising this authority. This applies when the child faces serious risk due to the parent's actions, without an immediate need for permanent deprivation. The measure safeguards the child's safety and allows for potential restoration of authority if circumstances improve.
Legal Basis
The rules for suspension of parental authority are set out in the Dutch Civil Code (DCC), Book 1, Title 10. The key provision is Article 1:253 DCC, which enables the court, upon request from parties such as the other parent, guardian or Child Care and Protection Board (RvdK), to suspend authority if in the child's best interests. The suspension applies for a fixed period or until a subsequent decision.
Article 1:254 DCC addresses replacement by a guardian or special curator. Article 1:251 DCC is also relevant for the conditions of intervention. These laws prioritize the child, in line with the UN Convention on the Rights of the Child (Articles 3 and 9).
Grounds for Suspension in Delft
For residents of Delft, the court only orders suspension in cases of acute threat to the child, with strict scrutiny of the child's best interests. Typical grounds include:
- Physical or sexual abuse by the parent.
- Serious neglect, such as lack of basic care.
- Addictions (alcohol or drugs) that make parenting impossible.
- Parental mental health disorders causing unsafe conditions.
- Domestic violence or intimate partner violence.
The threshold is high: isolated conflicts are insufficient, but immediate danger qualifies. Proceedings often begin with a supervision order (OTS) by the RvdK or Municipality of Delft.
Procedure at the District Court of The Hague
For Delft residents, the family judge of the District Court of The Hague handles the application. Steps:
- File application: By the co-parent, OTS supervisor, RvdK or public prosecutor. Download the 'Request for Suspension of Parental Authority' form from the District Court of The Hague website.
- Hearing: Parents are heard; children from around age 12 via child interview.
- Documents: Reports from OTS, youth care or medical professionals are reviewed.
- Ruling: Decision follows promptly, with possible immediate suspension (art. 1:253(3) DCC).
- Appeal: Appeal within 3 months to the court of appeal.
Costs: court fee around €85 (2023), plus lawyer fees. In Delft, the Juridisch Loket Delft offers free initial advice and assistance with legal aid through the Council for Legal Aid.
Rights and Obligations During Suspension
During suspension of parental authority in Delft, the suspended parent can no longer make decisions on care, upbringing or residence. Primary residence is with the other parent or guardian.
Ongoing obligations include:
- Child support (art. 1:404 DCC).
- Contact rights, unless restricted (art. 1:257a DCC).
The guardian makes decisions but must inform the parent. Restoration is possible upon request (art. 1:253(4) DCC) if conditions improve.
Difference from Deprivation of Parental Authority
| Aspect | Suspension | Deprivation (art. 1:254 DCC) |
|---|---|---|
| Duration | Temporary | Long-term until majority |
| Grounds | Immediate danger, restoration potential | Structural failure |
| Restoration | Simple request | Exceptional |
| Replacement | Guardian/curator | Sole guardian |
More info: see Termination of Parental Authority, Parental Authority and OTS.
Practical Examples from the Delft Region
Example 1: A Delft father with an alcohol problem leaves child unsupervised. Following OTS by Municipality of Delft, District Court of The Hague suspends authority for 6 months; child with mother, father has supervised contact.
Example 2: In a Delft household with violence, the court suspends mother's authority. Father becomes guardian; mother restores authority through therapy.
Example 3: Suspected abuse leads to immediate suspension of both parents' authority; child placed in foster care.
Frequently Asked Questions
Suspension in high-conflict divorce in Delft?
No, only for real child endangerment. For co-parenting issues, consider mediation or authority restriction (art. 1:251a DCC). Start at Juridisch Loket Delft.
How long does suspension last in Delft?
Varies: 6-12 months or until new ruling. Ends automatically unless extended.
Appeal against suspension?
Yes, within 3 months to court of appeal; request suspension of enforcement.
Contact during suspension?
Yes, unless restricted with conditions such as supervision.
Tips for Delft Residents
- Contact Juridisch Loket Delft immediately for advice or a family law attorney.
- For low income: legal aid via Council for Legal Aid.
- Involve Municipality of Delft for youth support or OTS assistance.
- Document everything for the District Court of The Hague.