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Appointing a guardian at the request of a person

Every minor child (under 18) in the Netherlands must be under custody or guardianship. Through this procedure, you can apply to the court to appoint you as guardian of a child. The procedure falls under civil law. You will need a lawyer to submit an application. | Last updated: 19-2-2026

Deze informatie is ook beschikbaar in het Nederlands

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When can you start this procedure?

You can initiate this procedure if you wish to become a guardian of a child yourself, for example, as a foster parent or family member of the child. For example, in the following cases:

The parents have passed away and have not appointed a guardian to act after their death. You are the children's aunt and wish to become the joint guardian with your partner. You submit an application to the court.
You are the child's grandmother, and your daughter (the mother) was a minor (under 18) at the time of the child's birth. You are requesting to appoint yourself as guardian.
A certified institution (youth protection organisation) has guardianship of the child. The child has been living in foster care for two years. As the foster parent, you wish to apply to the court to become the guardian.
You are the guardian and have a (new) partner. After living together for a few years, you wish to become the child's joint guardian with your partner.

Does no one have custody of the child and has the Child Care and Protection Board or the court already initiated the procedure to appoint a guardian for the child? If the court considers you an interested party (see explanation below in step 1), you will have the opportunity to respond and also inform the court that you wish to become a guardian.

Not always a hearing after death of parent(s) with custody

If a guardian is needed for a child because the parent(s) with custody have died, a court hearing isn't always necessary. Have the parents appointed a guardian to act after their death? And is that guardian willing to accept the guardianship? In that case, acceptance of guardianship is handled through the court registry.

What if there is another parent who has custody?

Is there only one parent with custody of the child? If this parent dies, the other parent (legal parent) without custody can apply for custody. The court will then usually grant custody to the other parent. The court appoint a guardian only if it does not to be in the child's best interests.

The procedure consists of the following steps:

1. Start of the procedure

The procedure begins when your lawyer files a petition with the court. You are the applicant in the procedure. A lawyer is required to initiate this procedure. Your lawyer states in the petition that you wish to become (joint) guardian of the child. Your lawyer also explains in the petition why you wish to become guardian and includes supporting documents. You are the intended guardian in this procedure.

The court determines who is considered an interested party in the procedure. Interested parties can be:

a living parent without custody
a family member temporarily taking care of the child
a foster parent

The court can also invite informers to the hearing. This is a person or organisation whose statement the court considers important, such as a family member or a care provider. An informer does not receive documents such as the petition or the court's judgment. The informer also cannot appeal.

Simultaneous application by the Child Care and Protection Board

If no one has custody of a child, the Child Care and Protection Board may also file an application for guardianship with the court at approximately the same time. In that case, the court will usually hear the applications simultaneously at a hearing. During the hearing, the court will discuss with the parties involved and the Child Care and Protection Board what is in the child's best interests.

2. Response to the application

The court will send the petition to the other interested party (or parties). They can respond. If you have received a petition from the court, you can do three things:

1. You disagree and file a defence

If you disagree with the application to appoint a guardian, you can respond to the application. This is called filing a defence.

Written defence

You can file a statement of defence with the court. You will need a lawyer for this (see the Legal Advice page, in Dutch). The lawyer will write a statement of defence clearly stating why you disagree with the application. You are the respondent in the procedure.

You can also include your own applications in the statement of defence (unilateral applications). The court can then give the other party the opportunity to respond to them.

Oral defence

If the court holds a hearing, you can also present your defence orally. During the hearing, the judge will ask questions that you can answer. You can ask a lawyer to assist you during the hearing, but it is not required (see the Legal Advice page, in Dutch).

2. You do not want to file a defence and let the court know

If you do not wish to file a defence, you can inform the court of this with a so-called statement of deference. This can speed up the procedure. With a statement of deference, you indicate that you:

have received the application,
are not filing a statement of defence, and
do not require the case to be handled at a hearing.

You need a lawyer for a statement of deference. The lawyer can prepare and submit the statement for you.

If the court is holding a hearing, you can also let it know during the hearing that you agree.

3. You do not respond

If you don't respond at all and don't appear at the hearing, the court will consider the application without knowing your opinion. You will then receive the court’s decision on custody after a few weeks.

3. Child interview

The court may invite the child to an interview with the judge. This will happen in any case if the child is 8 years and older. The meeting is informal and lasts approximately 20 minutes. The child is not obliged to attend the interview. They may also write a letter or do nothing.

More information about the child interview (in Dutch)

4. Hearing

Hearing

A court hearing is usually held if a statement of defence has been filed or if the court has any questions. Approximately six weeks before the hearing, all parties will receive a summons. If you have a lawyer, the court will send the summons to your lawyer.

During the hearing, interested parties can express their views on the application. The court will also ask questions and investigate whether the parties can make arrangements.

Not public

The hearing is not public. This means that the court determines who may be present. Interested parties will receive a summons to the hearing. Sometimes the court will also invite an informer.

Declaration of willingness

The court can only grant the application (agree to the application) if the intended guardian is willing to accept guardianship. The intended guardian can declare their willingness to accept guardianship, either in writing or orally at the hearing.

No hearing

There is usually no hearing if:

all the conditions provided for by law for granting the application have been met
all interested parties have let the court know in writing that they agree with the application and
the court has no further questions

In that case, the court can deliver judgment.

5. Judgment

The court usually issues a written judgment within four weeks of the hearing. You will receive the judgment (decision) in the form of a letter via your lawyer, or at home if you do not have a lawyer.

The court may also issue an interim judgment. This is a judgment in which the court does not yet make a final decision, but instead, for example, requests an investigation or issues a temporary decision. The interim judgment outlines the further procedure.

6. Entry in custody register

After the judgment, the court will record in the custody register (Parental Authority Register) who the child’s guardian is.

7. Appeal

If you disagree with the court’s final judgment, you can appeal to a higher court who will handle the case again (appeal). You have three months to do so. The judgment states when the three-month period begins. The other party (or parties) can also appeal.

More information about appeals in family cases

Costs for the procedure to appoint a guardian, at the request of a person

If you want to submit an application, you must pay court fees (in Dutch) and legal fees for the court proceedings.

More about costs (in Dutch)

Processing time for the procedure to appoint a guardian

The procedure is carried out as quickly as possible. Guardianship cases are handled with priority especially in urgent situations, such as when parents have suddenly passed away.