Applying for parental authority and guardianship
Having parental authority or custody means that you get to make decisions about a child. Usually parents get custody of their children automatically. Sometimes they must arrange parental custody with the court. Appointing a guardian can be done online at the court or through your will.
Note
From 2023, when you recognize a child, you will also automatically receive parental authority together with the mother. If you recognized a (unborn) child before January 1, 2023, you must apply for parental authority separately. To do so, visit Rechtspraak.nl.
Approach
This is how you apply for parental custody through a form at the court:
- Go to the website Rechtspraak.nl.
- Log in with your DigiD.
- Complete the application form.
- Would you like to submit the application form by mail? Then send the following documents to the court:
- the completed application form
- a copy of your child's birth certificate
- a copy of both applicants' proof of identity
This is how you apply for parental custody through the court:
- Hire a lawyer.
- Apply for parental authority.
This is how you appoint a guardian:
- Include the guardian in your will, or
- Register the guardian in the custody register. Have your DigiD and your child's citizen service number handy.
Cost
Rate 2024
- Applying for joint parental authority is free of charge
- A copy of the birth certificate costs €16.60
Description
Parental authority
Having parental authority means that you get to make decisions about your child. Are you married or in a registered partnership and have a child? Then both parents automatically get parental authority. They then have joint custody. A parent can also have sole parental authority. This is called sole custody.
Are you not married or in a registered partnership and you are having a child? By acknowledging the child, the father or duo mother automatically receives parental authority together with the mother. The father or duo mother no longer needs to apply for parental authority.
Joint parental authority
Was your child recognized before Jan. 1, 2023? Then both parents do not automatically have custody. You must arrange that separately.
- Do both parents agree on joint custody? Then you can apply for joint parental authority through a form at the court. You do not need a lawyer.
- As parents, do you disagree on joint custody? Then you can apply for custody through a procedure with the court. You must then have a lawyer.
Sometimes a parent and a non-parent want to apply for joint custody. For example, if the parent with custody has a new partner. Even then, they have to go to court and need a lawyer.
Guardianship
A guardian is given custody of the child when the parents can no longer care for the child. For example, if both parents die. Parents can appoint someone as guardian of their minor child. A judge can also appoint someone as guardian.