Court-Ordered Consent for Child Decisions
Court-ordered consent for child decisions is a legal procedure where a judge grants permission for a significant decision regarding a child when parents disagree. This often occurs in cases involving joint parental authority after divorce, such as relocation or school selection. The judge always prioritizes the child’s best interests.
When Is Court-Ordered Consent Required?
In the Netherlands, both parents with joint parental authority share equal decision-making power over major matters concerning their child. According to Article 1:251 of the Dutch Civil Code (BW), parents must jointly decide on issues such as the child’s primary residence, school choice, medical treatment, and religious upbringing. If one parent refuses to cooperate, you may apply for court-ordered consent for child decisions.
This is particularly relevant after divorce or dissolution of a registered partnership. For example, one parent may block a relocation due to the distance from the ex-partner. Without both parents’ consent, you cannot act, risking legal consequences from the other party.
Legal Framework
The core provisions are found in Book 1 of the Dutch Civil Code (BW):
- Art. 1:251 BW: Parents exercise joint authority and must consult on major decisions. If no agreement is reached, the judge decides.
- Art. 1:257 BW: In disputes over the child’s primary residence, the judge may grant sole authority or modify the residence.
- Art. 1:377 BW: Similar rules apply for children under guardianship, handled by the district court.
The judge assesses decisions based on the child’s best interests (UN Convention on the Rights of the Child, Art. 3). Recent rulings by the Supreme Court emphasize that refusal of consent must be justified and reasonable.
Step-by-Step Procedure
- Attempt mediation first: Mandatory mediation for divorce-related disputes (Mediation Promotion Act).
- Draft a request: Outline the facts, the child’s best interests, and evidence (e.g., housing declaration).
- File with the court: Submit to the family law division of the district court in your district. Court fee: €86 (2024) for non-joint matters.
- Hearing: Both parents are heard, sometimes including the child (from age 12). The Child Protection Council may provide advice.
- Judgment: Issued within weeks to months. Immediately enforceable unless suspended.
Tip: Consult a family law attorney, such as at Arslan Advocaten, to strengthen your case.
Practical Examples
Example 1: Relocation After Divorce
A mother wants to move from Amsterdam to Utrecht for a job. The father refuses due to travel time for visitation. She requests court-ordered consent. The judge approves if the move provides the child with more stable education and adjusts the visitation schedule.
Example 2: School Choice
Parents disagree on elementary school: Father prefers Montessori, mother prefers traditional. The judge decides based on the child’s residence and preferences.
Example 3: Medical Procedure
A child requires therapy for an anxiety disorder. The father refuses. The judge grants consent if doctors deem it medically necessary.
Parents’ Rights and Obligations
| Requesting Parent | Other Parent | Judge |
|---|---|---|
| Right to hearing and evidence submission | Right to defense and hearing | Decides in child’s best interests |
| Obligation: Attempt consultation first | Obligation: Provide reasonable grounds for refusal | Obligation: Justify decision |
| Right to appeal (Art. 1:258 BW) | Right to cost compensation for unreasonable refusal | Must hear child if appropriate |
Unjustified refusal may lead to changes in custody or visitation restrictions.
Frequently Asked Questions
Can I obtain court-ordered consent for relocating abroad with my child in Rotterdam?
Yes, but stricter scrutiny applies. The judge evaluates the impact on visitation and the child’s nationality. Success depends on a well-structured plan (e.g., vacation schedules). See our article on relocating with children after divorce.
What if the other parent does not respond to my request?
The judge may rule in your favor if the other parent fails to respond (default judgment). However, the child’s best interests remain paramount.
How long does the procedure take?
Typically 2–6 months, faster in urgent cases (summary proceedings). Costs: €86 court fee + attorney fees (€1,000–3,000).
Do I need a lawyer to apply for court-ordered consent?
Not mandatory, but highly recommended for complex cases. Pro bono assistance may be available through the Legal Aid Board.
Tips and Recommendations
- Document everything: Save emails and messages about consultation attempts.
- Try mediation first: Cheaper and faster; judges favor this approach.
- Involve the child: From age 12, the child may be heard (Art. 1:377a BW).
- Avoid escalation: Adjust parenting plans via mediation.
- Related topics: Learn more about parenting plans, joint parental authority, or relocating with children after divorce.
- Contact Arslan Advocaten for personalized advice.
This article is approximately 1,050 words and updated as of 2024. Need tailored legal advice? Contact us.
--- ## Frequently Asked QuestionsWhen do I need court-ordered consent for my child in Rotterdam?
If both parents disagree on major decisions such as relocation, school choice, medical treatment, or religious upbringing—especially after divorce when one parent blocks progress. Without both parents’ consent, you risk legal action.
How much does it cost to apply for court-ordered consent in Rotterdam?
The court fee is €86 (2024) for non-joint matters. This covers filing your request with the Rotterdam Family Court. Legal fees for an attorney may apply but can improve your chances.
Must I attempt mediation before involving the court?
Yes, mediation is mandatory for divorce-related disputes (Mediation Promotion Act). Start with a session via [Mediation Rotterdam](https://www.mediationrotterdam.nl/) or a certified mediator. This may resolve the issue without court intervention.
What happens if I apply for court-ordered consent?
The judge evaluates your request based on the child’s best interests (Art. 3 UN Convention on the Rights of the Child). Both parents are heard, and the child (from age 12) may also be consulted. The Child Protection Council may provide guidance. The judge grants consent if it is reasonable and in the child’s best interests.
What if the other parent unreasonably refuses to cooperate?
Unjustified refusal may persuade the judge to grant your request. Document all communications (emails, messages) to prove the refusal is unreasonable. An attorney can help build a strong legal case.
How long will it take for the judge to decide?
Typically weeks to months, depending on the Rotterdam court’s caseload. Faster resolution is possible in urgent cases (e.g., medical necessity) or if both parties cooperate. Check [Rotterdam District Court](https://www.rechtbankrotterdam.nl/) for current wait times.
Can I apply for court-ordered consent without a lawyer?
Yes, but it is complex. Use legal templates (e.g., from [Rechtspraak](https://www.rechtspraak.nl/)) or visit the [Rotterdam Legal Aid Office](https://www.rotterdam.nl/legal-aid). A family law attorney (e.g., Arslan Advocaten) can strengthen your case.