The Impasse Criterion in Family Law for Rotterdam
The impasse criterion is a key test in Dutch family law, especially relevant for parents in Rotterdam after a divorce. It determines whether joint parental authority serves the child's best interests, even if one parent objects. This often arises when the non-custodial parent faces deadlock on major upbringing decisions, such as school choice or medical care. In Rotterdam, you can turn to the Rotterdam District Court or the Juridisch Loket Rotterdam for free advice.
What Exactly Is the Impasse Criterion?
The criterion promotes involvement from both parents unless it harms the child. After a divorce, one parent may temporarily hold sole authority during conflicts. The impasse criterion examines whether the other parent is seriously excluded from key decisions, such as primary schools in Rotterdam-South, treatments at Erasmus MC, or moves within the city.
At its core: does sole authority create an intolerable impasse for the non-custodial parent without harming the child? If so, the Rotterdam District Court may grant joint authority. This balances parental rights with child welfare, as provided by law.
Legal Basis
The impasse criterion is grounded in Book 1 of the Dutch Civil Code. Article 1:251 DCC governs joint authority and changes, while Article 1:257 DCC outlines applications by the non-custodial parent, prioritizing the child's interests. The Supreme Court clarified this in rulings like ECLI:NL:HR:2016:765: structural exclusion creates impasse with impact on the child. Article 1:8 DCC and the UN Convention on the Rights of the Child (Articles 3 and 12) emphasize participation.
In Rotterdam cases, you must prove sustained impasse, not isolated disputes. The Act Promoting Continued Partnership (2014) encourages joint authority. Start with the Juridisch Loket Rotterdam for procedure assistance.
Examples from Rotterdam Practice
Consider a divorced mother with sole authority over children in Rotterdam-West. The father, with weekly contact, wants input on a secondary school in Kralingen. She ignores him, leading to escalating conflict. This qualifies as impasse: the Rotterdam District Court may establish joint authority after investigation, if child-friendly.
Or: one parent plans a move to Rotterdam-North for a port job without consultation. The other fears reduced contact. Absent impasse in the child's interest (e.g., better neighborhood), this weighs in. In a Rotterdam ruling (inspired by ECLI:NL:RBROT:2020:XXXX), the father gained authority after exclusion from care for a sick child at Ikazia Hospital.
The criterion always requires a child welfare check.
Rights and Obligations Regarding Impasse in Rotterdam
Rights of the Non-Custodial Parent
- Apply for joint authority at the Rotterdam District Court (Art. 1:257 DCC).
- Input on school, care, or religion (Art. 1:251(2) DCC).
- Hearing, with child heard from age 12.
Obligations of Parents
- Child's interests first: no abuse of authority.
- Cooperate in mediation via Municipality of Rotterdam or Child Protection Board.
- Inform about developments, even under sole authority.
For changes: draft a parenting plan, with help from Juridisch Loket Rotterdam.
Comparison: Sole vs. Joint Authority
| Aspect | Sole Authority | Joint Authority |
|---|---|---|
| Decisions | One parent alone | Together; court if dispute |
| Impasse Risk | High for outsider | Low with consultation |
| Child's Interests | Less conflict in crisis | Both parents involved |
| Change | Via impasse at Rotterdam District Court | Standard post-divorce |
This comparison helps Rotterdam parents decide.
Frequently Asked Questions
Can I force joint authority using the impasse criterion?
No guarantee. The court weighs the child's interests. Prove impasse and try mediation via Municipality of Rotterdam first.
How do I prove impasse?
Gather emails, messages, witnesses. Document structural exclusion. The Juridisch Loket Rotterdam assists with evidence and procedure.