In Dutch law, child custody is a matter of parental authority (ouderlijk gezag): who decides about a child’s upbringing, school, medical treatment and place of residence. Married parents and registered partners hold it jointly from birth, and since 1 January 2023 an unmarried partner who acknowledges a child in principle obtains joint authority with the mother automatically (Article 1:251b of the Dutch Civil Code, BW).
The main exceptions: the mother keeps sole authority if both parents declare this at the acknowledgement, and a child acknowledged before 2023 stays under the mother’s sole authority until the parents register joint authority or a court grants it. Where the child lives and how contact is arranged are separate questions, settled in a parenting plan or by the court. For a broader overview, see our article on બાળકો સાથે છૂટાછેડા.
Who holds parental authority from birth?
That depends on the relationship between the parents. Under Article 1:245 BW, every minor is under authority: parental authority, held by one or both parents, or guardianship (voogdij), held by someone else.
- Married parents and registered partners: joint authority by law (Article 1:251 BW). Nothing needs to be registered.
- Unmarried parents, acknowledgement on or after 1 January 2023: joint authority on acknowledgement (erkenning) at the municipality, unless the parents declare that the mother alone will have authority (Article 1:251b BW).
- Unmarried parents, acknowledgement before 2023: the mother has sole authority (Article 1:253b BW). Joint authority requires registration in the custody register (gezagsregister) at the request of both parents (Article 1:252 BW), or a court decision.
What does joint authority cover?
Both parents have equal rights and duties regarding the child’s upbringing. That includes the choice of school, consent to non-urgent medical treatment, religious upbringing, the child’s place of residence, applying for a passport and managing the child’s assets.
Both parents must contribute to the costs of care and upbringing, whether or not they hold authority. If parents with joint authority disagree about an important decision, either of them can ask the court to decide under Article 1:253a BW; the court takes the decision it considers in the child’s interests.
Does joint authority continue after a divorce?
Yes. Under Article 1:251(2) BW, parents who held joint authority keep it after divorce. Sole authority is the exception.
Under Article 1:251a BW, the court can grant authority to one parent only if there is an unacceptable risk that the child will be caught or lost between the parents and no sufficient improvement is expected within a foreseeable time, or if a change is otherwise necessary in the child’s interests. Poor communication between parents is not enough in itself; the court looks at the effect of the conflict on the child.
The same test applies when an unmarried father asks the court for joint authority and the mother refuses (Article 1:253c(2) BW). A parent without authority keeps the right to contact with the child under Article 1:377a BW and the right to be informed about important matters, unless the court restricts these rights.
How does the court decide what is in the child’s interests?
It weighs all circumstances, with the child’s interests as the primary consideration and no preference for the mother or the father. Courts commonly look at:
- the child’s emotional stability and attachment to each parent;
- continuity of care, school and social environment;
- each parent’s ability to cooperate and to support contact with the other parent;
- safety, including any history of domestic violence or substance abuse.
Under Article 809 of the Dutch Code of Civil Procedure (Rv), the court gives children aged 12 and over the opportunity to give their views; younger children can also be heard. The court can ask the Child Care and Protection Board (Raad voor de Kinderbescherming) to investigate and advise. The child’s view and the Board’s advice carry weight but do not bind the court.
વાલીપણાની યોજનામાં શું હોવું જોઈએ?
Parents who divorce or end a registered partnership must file a parenting plan (ouderschapsplan) signed by both with the petition (Article 815(2) Rv). It covers at least the division of care or the contact arrangement, how parents inform and consult each other, and the costs of the child.
Under Article 1:247a BW, unmarried parents with joint authority, either through acknowledgement since 2023 or through registration, must also draw up a parenting plan when they stop living together. A good plan also covers school, holidays, the main residence and how decisions about travel abroad are made. If parents cannot agree, mediation is the usual next step; the court can also refer parents to mediation during proceedings.
આંતરરાષ્ટ્રીય કેસમાં કઈ કોર્ટ અને કયો કાયદો લાગુ પડે છે?
The child’s habitual residence is decisive, not the parents’ nationality. In principle, the courts of the country where the child habitually lives have jurisdiction.
- Within the EU: the Brussels IIb Regulation (Regulation (EU) 2019/1111) determines jurisdiction, and decisions on parental responsibility are recognised in other member states without a separate procedure.
- Hague Convention countries outside the EU: the 1996 Hague Child Protection Convention governs jurisdiction, applicable law and recognition.
- બીજા દેશો: recognition depends on bilateral treaties or the other country’s own rules, so take advice before relocating.
A court with jurisdiction under the 1996 Convention applies its own law, so a Dutch court applies Dutch law even to foreign parents. Whether a parent holds authority by law is governed by the law of the child’s habitual residence, and that authority continues after a move. This matters especially for unmarried parents moving to or from the Netherlands.
શું તમે તમારા બાળક સાથે વિદેશ જઈ શકો છો?
Not without the other parent’s consent if you share authority. If consent is refused, you must ask the court for substitute consent before you leave.
The court gives no automatic priority to either parent. It weighs the necessity of the move, how well it has been prepared, the child’s age and roots, the possibilities for contact with the other parent and the division of travel costs. A passport application for a minor and a holiday abroad normally also require the consent of both parents with authority.
What is international child abduction?
Taking a child abroad, or keeping the child there after a holiday, in breach of the other parent’s authority. Under the 1980 Hague Child Abduction Convention, which applies to children under 16, the court in the country the child was taken to decides only on return, not on custody.
If the return application is made within one year, return is ordered, subject to narrow exceptions such as a grave risk of harm or the objections of a sufficiently mature child. In the Netherlands, incoming cases are heard by the District Court of The Hague, and the Central Authority for International Child Affairs assists parents. Abduction can also be a criminal offence under Article 279 of the Dutch Criminal Code, with a maximum of six years in prison.
If you fear abduction, act before departure: in preliminary relief proceedings (kort geding), the court can prohibit the departure and order the surrender of the child’s passport.
How can arrangements be changed or enforced?
The court can change an arrangement if circumstances have changed since the earlier decision, or if the decision was based on incorrect or incomplete information. Parents can also amend a parenting plan by agreement; record changes in writing.
If the other parent does not comply, the court can attach a penalty payment (dwangsom) to a contact arrangement or order other measures. If the child’s development is seriously threatened, the juvenile court can place the child under a supervision order (ondertoezichtstelling).
માતાપિતાનો અધિકાર કોના હાથમાં છે તે કેવી રીતે તપાસવું?
Request an extract from the custody register kept at the district courts (Article 1:244 BW). It shows registered facts, such as a registration of joint authority, a court decision on authority or the appointment of a guardian.
Authority that arises by law, such as that of married parents, is usually not recorded. A blank extract therefore does not mean that a parent whose name is missing has no authority.
| તમારી સ્થિતિ | Likely position |
|---|---|
| Married or registered partners at the birth | Joint authority by law |
| છુટાછેડા લીધેલ | Joint authority continues, unless the court decided otherwise |
| અપરિણીત, 2023 પહેલાં બાળકની સ્વીકૃતિ | Mother alone, unless joint authority was registered |
| Unmarried, child acknowledged on or after 1 January 2023 | Joint authority, unless the parents declared that the mother alone has authority |
What should you check as the parent the child mainly lives with?
- Who holds authority according to the custody register and the acknowledgement deed?
- Does the parenting plan cover school, holidays, travel abroad and costs?
- Do you have the other parent’s written consent before moving or travelling abroad?
- Do you support contact with the other parent, as the court will expect?
- Have circumstances changed so much that the arrangement should be adjusted?
બીજા માતાપિતા તરીકે તમારે શું તપાસવું જોઈએ?
- Do you hold authority, or do you need to register it or ask the court (Article 1:253c BW)?
- Are you informed and consulted about important decisions?
- Is the contact arrangement being complied with, or do you need enforcement?
- Has the other parent announced a move abroad without your consent?
- In an international case, which country is the child’s habitual residence?
માતાપિતાના અધિકારથી અમે તમારા માટે શું કરી શકીએ?
અમારી કુટુંબ વકીલો assist parents in the Netherlands and in cross-border cases.
- We check who holds authority and request the extract from the custody register.
- We draft or review the parenting plan.
- We file a request for joint or sole authority, or for a decision in a dispute between parents.
- We request substitute consent for a move abroad, or oppose such a request.
- We start preliminary relief proceedings to prevent abduction and assist in return proceedings.
સારાંશ
- Dutch law uses parental authority (ouderlijk gezag); married parents and registered partners hold it jointly from birth, and since 1 January 2023 acknowledgement in principle also creates joint authority.
- Joint authority continues after divorce; sole authority is the exception under Article 1:251a BW.
- A parenting plan is required in a divorce and when unmarried parents with joint authority separate.
- Moving abroad requires the other parent’s consent or substitute consent from the court; otherwise it can be child abduction.
- In international cases, the child’s habitual residence determines which court has jurisdiction.
વારંવાર પૂછાતા પ્રશ્નો
2023 માં ડચ બાળ કસ્ટડી કાયદામાં શું બદલાયું?
Since 1 January 2023, an unmarried partner who acknowledges a child in principle obtains joint parental authority with the mother automatically (Article 1:251b BW), unless both declare at the acknowledgement that the mother alone will have authority. For children acknowledged earlier, the parents still need to register joint authority.
શું વાલીપણાની યોજના ફરજિયાત છે?
Yes, in a divorce or the ending of a registered partnership (Article 815 Rv), and for unmarried parents with joint authority who stop living together (Article 1:247a BW).
શું અપરિણીત પિતા સંયુક્ત અધિકાર મેળવી શકે છે?
Yes. For a child acknowledged on or after 1 January 2023, joint authority in principle arises on acknowledgement. For a child acknowledged earlier, the parents can register it together, or the father can ask the court; the court refuses only on the grounds of Article 1:253c(2) BW.
Does my child have a say?
Children aged 12 and over are given the opportunity to give their views to the court (Article 809 Rv); younger children can also be heard. The child’s view carries weight but does not bind the court.
જો માતાપિતામાંથી કોઈ એક વિદેશમાં રહેતું હોય તો શું?
Jurisdiction depends on the child’s habitual residence and on the Brussels IIb Regulation or the 1996 Hague Convention. If both parents and the child live in the Netherlands, Dutch courts generally have jurisdiction and apply Dutch law.
