Parental authority gives parents legal responsibility for the upbringing and care of their minor children. Parental authority entails important rights and obligations, including making decisions about the child's place of residence, choice of school and health care. This article provides a comprehensive overview of parental authority in the Netherlands, from the application procedure to custody after divorce.
What is Parental Authority?
Parental authority is the legal authority of parents to make decisions about the upbringing of their children. It includes responsibility for the care and upbringing of the child, including financial obligations and legal representation. If a child is under 18 years of age, parents with authority have a duty to ensure that their child grows up in a safe environment.Raising, Care and Development
As a parent with parental authority, you decide how you raise and care for your child. This means not only taking care of your child's physical and mental health, but also actively contributing to the development of his or her personality. This also includes promoting the child's bond with the other parent. The authority therefore goes beyond just practical matters; it is also about providing stability, structure and emotional support so that your child can develop optimally.Obligations when managing your child's assets
As a parent with authority, you are not only responsible for the daily care and upbringing, but also for carefully managing your child's assets. This asset may consist of savings, gifts or inheritances that belong to your child. You have a duty to manage these financial resources in the interests of your child until your son or daughter reaches the age of eighteen. You may not simply use your child's money for your own purposes. If you use the assets improperly, such as using inheritances for personal expenses, you as a parent can be held liable for any damage caused as a result. Consider, for example, having to repay misused amounts. In short: as a parent with authority, you are expected to handle your child's assets with integrity and responsibility, so that he or she can optimally benefit from them at the age of eighteen.What happens if a parent does not manage the child's assets properly?
Parents who have parental authority are automatically responsible for carefully managing their child's assets. This includes, for example, savings, inheritances or other property in the child's name. If a parent does not manage assets properly—such as spending the child's savings for their own purposes or investing improperly—this can have legal consequences. The parent can be held liable for any damage or loss of assets. Suppose your child inherits money and you spend it without being entitled to it, the court can oblige you to reimburse this. In serious cases, parental authority can even be limited or withdrawn if it appears that the interests of the child are not sufficiently protected. In short, good asset management is part of exercising your authority—and in the event of abuse, intervention can be taken to safeguard the interests of the child.Liability for Damage by Children
Parents regularly wonder who is responsible if their child causes damage. Liability for this is closely related to the age of the child. Below we explain how this is legally arranged and what you can expect as a parent. Child under 14 years When a child is not yet 14, the parents are always liable for damage caused by the child. Regardless of the circumstances, as a parent you are responsible for the costs, for example if your son or daughter accidentally drops the neighbor's laptop while gaming at a friend's house. Child between 14 and 16 years Among young people aged 14 to 16, the situation becomes more nuanced. In principle, the parents are also liable here, but if you as a parent can demonstrate that you have done everything possible to prevent damage, the child can be held responsible. In practice, this means that most of the damage ends up on the parents' plate, especially if the child cannot compensate for the damage. Child 16 years or older From a child's 16th birthday, liability shifts. The child is now obliged to pay compensation for damage and you as a parent can no longer automatically be held liable. However, if your child is unable to pay - for example in the event of high costs after an accident at school camp - this can still lead to financial involvement of parents. Note: it may be wise to take out family legal expenses or liability insurance, so that you are not suddenly faced with unpleasant surprises.Liability of Parents for Damage Caused by Children
Parents not only care for their child, but also sometimes bear the legal hat when it comes to damage caused by their child. But what exactly is this liability? This largely depends on the age of the child and the circumstances surrounding the incident.- Children up to 14 years If your son or daughter is younger than 14, you as a parent are generally liable for damage that your child causes to others or to other people's property. Think of a ball through the window at your neighbor's house Jansen or a knocked over vase at a friend's house: the bill falls on you, regardless of whether you were present or not.
- Children between 14 and 16 years In this age category, things get a little more complicated. This checks whether you as a parent have done enough to prevent damage. Have you trained the child well, given warnings, and provided realistic supervision? Then the child can be held liable. Is your teenager unable to pay for the damage? In practice, you as a parent are often contacted after all.
- Children from 16 years From the sixteenth birthday onwards, the child is in principle responsible for his or her own mistakes. For example, does your child cause damage during a part-time job in the supermarket or while cycling to school? Then the responsibility officially lies with them. However, if the child lacks financial resources, parents are often expected to pay for the damage.
When is a child liable?
From the age of 16, a child in the Netherlands is independently liable for damage he or she causes. This means that the child is responsible for compensating others for that damage. In practice, it often happens that parents still pay the costs when their child is unable to pay, for example if the child has no income or savings. However, from the age of 16, legal liability lies with the child itself.When is a minor child allowed to perform official acts?
Minor children are supervised by their parents or legal guardian when it comes to official acts. In general, they are not allowed to independently make important decisions, such as signing or initiating legal proceedings. Until the age of 18, a child needs permission from the parent(s) with parental authority for matters such as:- Enrolling in a school
- Application for a passport or identity card
- Consent to medical treatment
Automatic Parental Authority
In the Netherlands, biological mothers automatically have parental authority over their children. For fathers and co-mothers this depends on their relationship with the mother:- In the event of a marriage or registered partnership: If the father or co-mother is married or has a registered partnership with the mother during the birth of the child, both parents automatically have joint custody.
- At recognition of the child (after January 1, 2023): Unmarried and unregistered partners automatically receive joint parental authority if the father or co-mother recognizes the child. This is an important change in the law as of January 1, 2023.
Request parental authority
If there is no automatic parental authority, for example in situations where the parents are unmarried and the child was recognized before January 1, 2023, parental authority must be applied for separately.Application for authority via DigiD
Parents who jointly agree on custody can easily apply for custody online via the digital counter of the Judiciary. This can be done without a lawyer. You only need a DigiD to log in and complete the form.Apply for parental authority to the Judge
In situations where parents do not agree on custody, a parent can file a request with the court to obtain custody. A lawyer is needed for this. The judge assesses the request based on the best interests of the child and can decide to grant or refuse custody. Advice is often also sought from the Child Protection Council.Joint Parental Authority
Joint parental authority means that both parents have equal rights and obligations with regard to the upbringing and care of their children. This means that important decisions about the child must be made jointly. This includes school choice, medical treatments and the child's place of residence. Parents are jointly responsible for finances and education. After a divorce, both parents usually retain joint custody, unless the judge decides otherwise. This also applies to unmarried parents who have applied for joint custody.Single Authority
In some cases, a parent can apply for sole custody, whereby only one parent is responsible for the upbringing and care of the child. This can happen, for example, if communication between the parents is seriously disrupted or if one of the parents is unreachable, for example because he or she lives abroad. Sole parental authority can only be granted if there is an unacceptable risk of the child becoming “stuck or lost” between the parents, or if it is in the child's best interests for only one parent to exercise authority. Financial obligations after divorce In addition to custody, both parents remain obliged to contribute to the costs of care and education of their child(ren) up to the age of 18. This maintenance obligation continues even after the child's 18th birthday, until the child is 21 years old, for example for study costs and subsistence. Even if the parents separate, this financial obligation remains for both parents. Important documents and appointments It is wise to record all agreements regarding custody, division of care and financial contributions in clear documents, such as the parenting plan. This provides guidance, prevents misunderstandings and makes it easier to prevent or resolve conflicts.Maintenance obligation after Divorce or End of Partnership
The obligation to contribute financially to the care and upbringing of your child does not stop when you separate. Whether you are divorced or your registered partnership has ended: both parents remain jointly responsible for the maintenance of their children. This means that you must make mutual agreements about child support. Are you unable to reach clear agreements together? The judge can then determine who pays what amount, depending on the situation and means of each of the parents. The starting point always remains the interests of the child. The maintenance obligation generally continues until the child is 21 years old.Parental Custody After Divorce
After a divorce, in most cases both parents retain joint parental responsibility. This means that both parents remain involved in important decisions about the child, even if the child has its main residence with one of the parents. This can only be changed if the judge decides that one parent will have sole custody. Parents can make mutual agreements about the division of care and upbringing, usually recorded in a parenting plan. If the parents cannot reach an agreement, the judge can decide which parent will have custody or how care and upbringing will be arranged.Parental Authority and the Custody Register
In the Netherlands, decisions regarding parental authority are registered in the parental authority register. This states who has custody of a minor child. An extract from the parental authority register can be requested by a Become a lawyer and provides clarity about who has parental authority over the child.Custody for Stepparents or Non-Parents
In some cases, someone other than the biological parents may be given parental authority, for example a stepparent. This is only possible if the stepparent has cared for the child for at least one year and the biological parent has had sole custody for three years. The judge assesses whether it is in the best interests of the child for the stepparent to have joint custody.How can Arslan Advocaten help you?
At Arslan Lawyers we understand how important it is to tackle legal issues surrounding parental authority carefully and with an eye to the best interests of the child. Whether you want to apply for joint custody, have problems with your ex-partner about custody or want to file a request for sole custody, our family law lawyers are ready to help you.- Advice on parental authority and guardianship
- Guidance in applying for parental authority
- Support in custody conflicts after divorce
- Legal steps for sole custody