Parental Authority After Divorce in Rotterdam
Parental authority after a divorce determines who is responsible for the upbringing and care of minor children in Rotterdam. Parents can exercise this jointly or one parent may be granted sole authority. This article explains how it works for Rotterdam families, with references to local institutions such as the Rotterdam District Court.
What does parental authority entail?
In Rotterdam, parental authority includes the duty to care for, raise, and represent children up to age 18. This covers decisions on school choice at Rotterdam primary schools, medical care at Erasmus MC, moving within the city, or religious upbringing. After divorce, authority usually remains joint, unless the Rotterdam District Court rules otherwise. This ensures continuity for the child.
With joint authority, both parents consult on major decisions, while day-to-day choices like club activities at Kralingse Plas are made by the custodial parent.
Legal rules
Parental authority is governed by Book 1 of the Dutch Civil Code (DCC), Articles 1:251 to 1:261. Key points:
- Article 1:251 DCC: Parents must care for and raise the child.
- Article 1:251a DCC: After divorce, both parents retain authority unless otherwise determined.
- Article 1:257 DCC: Sole authority possible if joint authority is not in the child's best interests.
- Article 1:261 DCC: Changes via the court.
In cases of risks or severe conflicts, the Child Care and Protection Board Rotterdam Region may be involved. Contact the Rotterdam Legal Advice Office for advice.
Forms of authority for Rotterdam parents
Options after divorce:
| Form | Description | Advantages | Disadvantages |
|---|---|---|---|
| Joint authority | Both parents decide, even if the child lives with one in Rotterdam-West. | Full involvement; strengthens bond with both parents. | Disputes if communication falters. |
| Sole authority | One parent makes all decisions; the other loses authority. | Quick decisions in conflicts; more stability. | Less input from the other parent. |
Example of joint authority in Rotterdam
Mother and father divorce, 10-year-old son lives with mother in Rotterdam-Noord. Father suggests a school in Rotterdam-Zuid for better sports options. Both must agree. No consensus? The Rotterdam District Court decides (art. 1:253(2) DCC).
Example of sole authority
In ongoing disputes over doctor's visits at Ikazia Hospital, one parent can apply for sole authority. The court considers the best interests of the child.
Rights and obligations
Rights for those with authority:
- Choosing residence, school, and care.
- Representing the child with Rotterdam authorities.
- Obtaining information about the child.
Obligations:
- Protect and care for the child.
- Consult with the co-holder of authority.
- Promote the bond with the other parent.
- Share information (reports, health).
The parent without authority has a right of contact (art. 1:377 DCC), unless harmful.
Changing authority in Rotterdam
Step-by-step:
- Talk with your ex-partner; often sufficient.
- Mediation via a Rotterdam family mediator.
- Request to the Rotterdam District Court (family division). Court fee around €85 (2023).
- Court hears parents, child (from age 12), and possibly Child Care and Protection Board.
- Ruling within months.
Urgent? Apply for an interim measure at the Rotterdam District Court. Start at Rotterdam Legal Advice Office.
FAQs for Rotterdam residents
Can I relinquish authority?
Yes, by notary (art. 1:258 DCC), with court approval if child's safety is assured.
What if one parent dies with joint authority?
Authority passes automatically to the surviving parent.
Moving without permission?
No with joint authority. Risk: contact suspended or authority changed. Call Rotterdam Legal Advice Office.
Other parent blocks decisions?
Send registered letter, then court for unilateral authority (art. 1:253(2) DCC).
Tips for Rotterdam parents
Avoid hassle:
- Document communication (email, app) for evidence.
- Create a parenting plan via Municipality of Rotterdam or mediator.
- Attend local co-parenting courses, e.g., at Center for Youth and Family (CJG) Rotterdam.
- Get free initial advice from Rotterdam Legal Advice Office.