Laden...

Jump to content Jump to search

Appointing a guardian (on your own initiative)

This is a print of a page on Rechtspraak.nl. Look for the most up-to-date information on Rechtspraak.nl (http://www.rechtspraak.nl). This page is printed on 01-01-1970.

Skip Navigation LinksDutch legal proceedings > Child custody > Appointing a guardian (on your own initiative)

Child custody

Child custody (voogdij) is parental authority exercised by someone other than the child’s parents. For example, after the death of one or both parents. Or if the parents are unable to exercise parental authority over the child, whether temporarily or permanently.

Child custody proceedings are governed by civil law. An application to the district court to appoint a guardian may only be made by a lawyer. Choosing who the guardian is does not require a lawyer.

Appointing a guardian (on your own initiative)

This application process allows you, on your own initiative, to submit an application to the district court requesting the appointment of a guardian. You must engage the services of a lawyer.

Does the minor child still have a parent, but that parent does not have parental responsibility? If that is the case, that parent can apply to the court for parental responsibility. The judge then decides which person will be granted parental responsibility: a guardian or the other parent.

The judge appoints a guardian only if it is in the child’s best interests or if the other parent is unable to look after the child.

The procedure for appointing a guardian on your own initiative consists of the following steps:

>Alles uitklappen

  • You start the procedure by submitting an application for guardianship of a minor child. This is called a petition (verzoekschrift). You are the applicant in this guardianship procedure. In most cases, the applicant will be wanting to apply for guardianship for themselves.

    Lawyer mandatory

    You set out your reasons for wishing to be appointed as a guardian in the petition. Your lawyer will prepare the petition, determine which additional documents need to be submitted, and then submit the guardianship petition to the district court.

    Informing interested parties

    The court will determine who the interested parties in the guardianship procedure are. The judge informs the interested parties of the application to appoint a guardian.

  • If an interested party disagrees with the application, they are given an opportunity to respond. It is rare for an application to be opposed by another interested party.

    It may be the case that the petition is submitted at around the same time as a district court’s initiative to appoint a guardian. In that case, the Raad voor de Kinderbescherming (Child Care and Protection Board) often takes over the applicant’s petition to be appointed as a guardian.

  • A hearing is almost never necessary when an application is made to appoint a guardian.

  • The judge makes a decision in writing. You will receive the decision through your lawyer.

Costs of the procedure for appointing a guardian on your own initiative

Would you like to submit an application? To initiate the court proceedings, you must pay court fees and the fees for a lawyer.

Duration of the procedure for appointing a guardian on your own initiative

The procedure will be dealt with as quickly as possible. Guardianship cases are prioritised, especially in urgent situations, for example if a child’s parents have died suddenly.

 

Questions and answers

Can I, as a parent, unilaterally appoint a guardian?

Yes, you can. Both parents may designate a guardian independently of one another. If the parents die at the same time, the judge will decide who becomes the guardian.

In which situations does the judge appoint the guardian?

The judge will only appoint a guardian if the parents have not done this themselves or if the designated guardian cannot or will not perform their child custody duties.

How can I become the guardian of a young person from Curaçao in the Netherlands?

For child custody of minor children from the Caribbean part of the Kingdom of the Netherlands, you do not need to go to court. The procedure is dealt with by the Raad voor de Kinderbescherming.
Read more about becoming the guardian of a young person from Curaçao (in Dutch)

See also:

Find out more:


Contact the Rechtspraak Service Centre

Social media

Ask your question on:

volg ons op X (Twitter) X (Twitter)
Instagram

Be careful when you share private information on social media.

Telephone

+31 88 361 61 61

We are open from Monday to Thursday from 08:00 until 20:00, and on Friday from 08:00 until 17:30.


Information services survey
This webpage is part of the EU quality network Your Europe