Applying for Sole Parental Authority at Rotterdam District Court

Sole parental authority means that only one parent exercises parental authority over a minor child. This contrasts with joint parental authority, where parents make decisions together. In Rotterdam families, you can apply for sole parental authority at the Rotterdam District Court if joint parental authority harms the child, such as in cases of severe disputes or abuse. The court strictly assesses whether this serves the child's best interests, considering local circumstances in the port city.

What Does Sole Parental Authority Mean for Rotterdam Parents?

Sole parental authority gives one parent authority over key decisions for the child, such as primary schools in Rotterdam-South, medical care at Erasmus MC, or relocation within the city. By default, the mother has sole authority at birth if unmarried parents have not acknowledged the child (Article 1:251(2) Dutch Civil Code). Acknowledgment, marriage, or registered partnership usually results in joint parental authority.

To change to sole parental authority, you must follow the sole parental authority procedure. This is an exceptional step, as the law prefers joint parental authority for the child's benefit (Article 1:247 Dutch Civil Code), particularly in Rotterdam's diverse neighborhoods.

Legal Basis in the Dutch Civil Code

Rules on parental authority are set out in Book 1 of the Dutch Civil Code, Title 17:

Article 1:251 Dutch Civil Code: Default sole authority with the mother for unmarried parents.
Article 1:261 Dutch Civil Code: Deprivation of authority if child protection is required.
Article 1:257 Dutch Civil Code: Exclusion of an unfit parent.
Article 1:262 Dutch Civil Code: Procedures for modifications.

The Rotterdam District Court always weighs the best interests of the child (Article 1:247 Dutch Civil Code), inspired by the UN Convention on the Rights of the Child.

When to Apply for Sole Parental Authority in Rotterdam?

For Rotterdam parents, this is relevant when joint parental authority breaks down:

Severe conflicts obstructing upbringing, such as in multicultural neighborhoods.
A parent unfit due to addiction, domestic violence, or neglect.
Significant distances within Rotterdam, like from Centrum to IJsselmonde, causing deadlock.
Following divorce or end of partnership.

Evidence is crucial: the Child Protection Board often advises after investigation.

Comparison: Sole vs. Joint Parental Authority

Aspect	Sole Parental Authority	Joint Parental Authority
Decision-Making	Sole authority holder	Joint consultation
Legal Preference	Exception	Standard
Parental Fitness	Proven suitable	Both suitable
Contact with Non-Authority Parent	Remains protected	Remains protected

Procedure at Rotterdam District Court

Start the application at Rotterdam District Court if the child resides in Rotterdam. Step-by-step:

Consult an Expert: Mandatory lawyer (Article 1:262 Dutch Civil Code). Start at Rotterdam Legal Advice Office for free advice.
Submit Request: Online via Rechtspraak.nl at Rotterdam District Court.
Documents: Birth certificate from Municipality of Rotterdam, IDs, evidence (Child Protection Board reports, statements).
Hearing: Judge hears parents, child (from age 12), and experts.
Ruling: Judgment within months, immediately enforceable, appeal possible.
Registration: In the national parental authority register.

Duration: 4-12 months, costs €1,000-€5,000 (including €86 court fee).

Rotterdam Practice Cases

Case 1: Divorced parents in Feijenoord. Father addicted, blocks school choice. Mother awarded sole authority based on Child Protection Board investigation; contact preserved.
Case 2: Unmarried couple in Charlois disputes relocation to Noord. Mother granted authority after failed mediation.
Case 3: Violence in Kralingen: Mother and child to Safe at Home; court grants temporary sole authority.

Rights and Obligations

Authority holder:

Rights: Representation, decisions on residence, school, care.
Obligations: Maintenance, protection, sharing information with ex-partner (Article 1:257a Dutch Civil Code).

Non-authority parent retains contact and access rights, unless prohibited.

Frequently Asked Questions

Can I apply at Rotterdam District Court without a lawyer?

No, mandatory (Article 1:262 Dutch Civil Code). Rotterdam Legal Advice Office assists with subsidized legal aid via the Legal Aid Council.

What if the other parent objects?

Court prioritizes child's best interests. Mediation via local services first, then hearing.

Does the ex lose all rights?

No, contact and information rights remain; only authority is revoked.

How to revert to joint parental authority?

Submit request to Rotterdam District Court with evidence of improved cooperation. Similar procedure, with best interests test.