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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:
1. Submitting an application for guardianship
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.
2. Responding to an application
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.
Process for appointing a guardian on the district court’s initiative
3. Hearing
A hearing is almost never necessary when an application is made to appoint a guardian.
4. Decision
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.
Find out more:
Contact the Rechtspraak Service Centre
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We are open from Monday to Thursday from 08:00 until 20:00, and on Friday from 08:00 until 17:30.
