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Guardianship procedures

In guardianship procedures, the court appoints a person (non-parent) to assume custody of a child if the parents are unable to do so themselves. The court can do this on its own initiative or at the request of a person who wishes to be the child's guardian. The Child Care and Protection Board can also apply to the court to appoint a guardian for a child. Parents can appoint a guardian for their child after their death in a will or in the custody register. | Last updated: 19-2-2026

Deze informatie is ook beschikbaar in het Nederlands

Content

Where it says ‘parents’ on this page (if the child has 2 legal parents), you can also read ‘parent’ (if the child has 1 legal parent).

Appointing a guardian

Parents can appoint (and change) a guardian themselves for after their death. This can be done:

via a civil-law notary (in a will)
via the court (in the custody register)

Procedure to appoint a guardian in the custody register

Appointing a guardian, at the request of the Child Care and Protection Board

Have the parents who have custody died and have they not appointed a guardian to act after their death? Or are the parents (temporarily) unable to exercise custody of their child? Then a guardian must be appointed for the child. The court then appoints a guardian, often at the request of the Child Care and Protection Board. If the court finds you to be a party to the procedure, you may respond to the application.

Procedure to appoint a guardian at the request of the Child Care and Protection Board

Appointing a guardian, at the request of a person

Are you not the child's parent and would you like to become guardian? For example, because the child's parents are deceased? Then you can ask the court to appoint you as guardian.

Procedure to appoint a guardian, at your own request

The role of the Child Care and Protection Board

The Child Care and Protection Board can apply to the court to appoint a guardian for a child. For example, if there is a disagreement about who will have guardianship, or if the parents' custody has been terminated by the court. Before filing an application, the Child Care and Protection Board consults with the child and the family. This allows the Child Care and Protection Board to determine what is in the child's best interests. The court can also ask the Child Care and Protection Board for advice in procedures concerning the child.

Guardianship (in Dutch, kinderbescherming.nl)