Title 14
in forceCustody of minor children
Section 1
General
Minors are under authority (gezag).
Minors, persons placed under guardianship (onder curatele), and those whose mental faculties are disturbed to such an extent that they are in a state…
Parental authority comprises the duty and the right of the parent to care for and raise his minor child.
If the parents exercise joint authority on the basis of Article 251b, paragraph 1, or an entry as referred to in Article 252, paragraph 1, has been…
The second paragraph of Article 247 of this Book applies mutatis mutandis to the guardian and to the person who cares for and raises a minor without…
The minor shall take into account the powers vested in the parent or guardian in the context of the exercise of authority, as well as the interests…
When in matters concerning the care and upbringing of the minor, or the assets of the minor, the interests of the parents charged with authority or…
Section 2
Parental authority
During their marriage, the parents shall exercise authority jointly.
After dissolution of marriage (ontbinding van het huwelijk) other than by death or after legal separation (scheiding van tafel en bed), the court…
The mother and the person who has acknowledged a child shall exercise parental authority over their child jointly, unless:
Parents who are not married to each other or have not entered into a registered partnership and do not exercise joint custody on the basis of Article…
If former spouses remarry each other or enter into a registered partnership and, immediately prior thereto, one of the spouses exercised authority…
In the event of joint exercise of authority, disputes concerning this may be submitted to the court at the petition of the parents or one of them…
During their registered partnership, the parents shall exercise parental authority jointly.
If, with respect to a child, only the motherhood of the woman from whom the child was born has been established, or if the parents of a child are not…
The parent who is competent to exercise authority over the child, and who has never exercised authority jointly with the mother from whom the child…
If the provision for the authority over a child, as referred to in Article 253b, paragraph 1, ceases to exist, both parents may – insofar as they are…
Granting of the petition of one of the parents as referred to in Articles 253b, 253c and 253d of this Book shall, if the other parent exercised…
After the death of one of the parents, the surviving parent shall exercise authority over the children by operation of law, if and to the extent that…
If the parent who exercises sole parental authority over their minor children dies, the court shall determine that the surviving parent or a third…
If a guardian has been appointed after the death of one of the parents, the court may at any time modify this decision in such a manner that the…
The minor female who, as the person who has parental authority, wishes to care for and raise her child may, if she has reached the age of sixteen…
In the event of joint exercise of authority, the parents shall jointly administer the assets of the child and shall jointly represent the child in…
The parents or a parent must conduct the administration of the assets of their child as good administrators. In the event of poor administration…
Articles 342, paragraph 2, 344 to 357 inclusive, and 370 of this Book shall apply mutatis mutandis to the administration by the parents or a parent.
Every parent who exercises authority over their child shall have the usufruct of the child's assets. If the child resides with the parent and earns…
The parent shall have no right of usufruct (vruchtgenot) over the assets in respect of which it has been provided by the last will and testament of…
Section 3
Common provisions on the exercise of custody by both parents or by one of them
At the petition of the parents who are not married to each other or one of them, the court may terminate the joint custody, as referred to in…
Decisions whereby one parent is solely charged with authority, rendered pursuant to the provisions of paragraphs 1, 2, and 2a of this Title and the…
In the cases where the court assigns authority to both parents or to one parent alone, this shall commence as soon as the relevant order has become…
When one of the parents who jointly exercise authority over their minor children is disqualified from doing so on one of the grounds mentioned in…
Article 253q shall apply mutatis mutandis if:
If the child, with the consent of his parents who exercise authority over him, has been cared for and raised for at least one year by one or more…
Section 3A
Joint custody of a parent together with a person other than a parent
Over a child born during their marriage or registered partnership, a parent and their spouse or registered partner who is not the parent shall…
If parental authority over a child is vested in one parent, the court may, upon the joint petition of the parent vested with authority and a person…
Joint custody shall commence on the day on which the decision containing the appointment has become final and conclusive, or, if it has been declared…
Articles 246, 247, 249, 250, 253a, 253j to 253m inclusive, 253q, paragraph 1, 253r as well as 253s shall apply mutatis mutandis to the joint exercise…
The other person who exercises joint authority with the parent is obliged to provide maintenance for the child who is under his authority. If the…
After the death of the parent who exercised authority together with the other, that other parent shall exercise guardianship over the children by…
The joint authority, as referred to in Articles 253sa and 253t, ends on the day on which the decision by which joint authority was granted to the…
Section 4
Supervision order for minors (ondertoezichtstelling)
In this Section, certified institution shall mean: a certified institution as referred to in Article 1.1 of the Youth Act (Jeugdwet).
The juvenile judge may place a minor under the supervision of a certified institution if a minor is growing up in such a way that his development is…
The juvenile judge may place under the supervision of a legal person accepted for that purpose by Our Minister of Justice a minor by or for whom an…
The children's judge may place the minor under the provisional supervision of a certified institution if there is a serious suspicion that the ground…
The duration of the supervision order shall be at most one year, subject to extension as referred to in Article 260. The duration of the provisional…
The juvenile judge may replace the certified institution responsible for supervision with another certified institution, upon the petition of the…
The juvenile judge may, provided that the ground referred to in Article 255, paragraph 1, is met, extend the duration of the supervision order each…
The juvenile judge may terminate the supervision order if the ground referred to in Article 255, paragraph 1, is no longer met.
The certified institution shall supervise the minor and ensure that assistance and support are provided to the minor and the parents or parent…
In the performance of its duties, the foundation shall first provide the parent or parents with authority the opportunity to draw up a plan of action…
Disputes concerning the execution of the supervision order (ondertoezichtstelling), with the exception of those regarding conduct as referred to in…
The certified institution may, in the performance of its duties, issue written instructions (aanwijzingen) regarding the care and upbringing of the…
At the petition of a parent vested with authority or the minor of twelve years of age or older, the juvenile judge may declare a written instruction…
At the request of the person to whom the instruction is directed, the certified institution may wholly or partially withdraw a written instruction on…
Placement of the minor outside the family day and night shall take place exclusively with an authorisation for out-of-home placement (machtiging tot…
If this is necessary in the interests of the care and upbringing of the minor or for the investigation of the minor's mental or physical condition…
The duration of the authorisation for out-of-home placement shall be, subject to extension as referred to in the second paragraph, at most one year…
An out-of-home placement may be terminated by the certified institution if it is no longer necessary in the interest of the care and upbringing of…
The juvenile judge may, when granting the authorisation for out-of-home placement and also after such authorisation has been granted, determine upon…
Insofar as necessary in connection with the out-of-home placement of the minor, the certified institution may, for the duration thereof, restrict the…
For the duration of the supervision order, the children's court may, at the petition of the certified institution, establish or modify a distribution…
If medical treatment of a minor under the age of twelve is necessary to avert serious danger to their health and the parent exercising parental…
The certified institution requires the authorisation of the children's court for a change in the residence of a minor who has been raised and cared…
If the certified institution considers that the non-extension of the supervision order, as referred to in Article 260, paragraph 2, or the…
Petitions (applications) based on this section shall be made in writing. Insofar as they are addressed to the children's court judge, they may be…
Section 5
Termination of parental authority
The court may terminate the authority of a parent if:
Termination of authority may be pronounced upon the petition of the Child Care and Protection Board (Raad voor de Kinderbescherming) or the Public…
The court that denies a petition for termination of authority may place a minor under supervision as referred to in Article 255, provided that the…
The court may suspend a parent in the exercise of authority, in whole or in part, if:
Instead of the suspension of both parents or of one parent from the exercise of authority as referred to in Article 268, the court may place a child…
If the parents exercise parental authority jointly, after the termination of the authority of one of them, the authority shall henceforth be…
If the other parent does not henceforth exercise parental authority alone, the court shall appoint a guardian over the minors.
If the parent whose authority has been terminated conducted the administration of the assets of his children, he shall also be ordered to render an…
The court may, upon his petition, restore the parent whose authority has been terminated to authority if:
A petition as referred to in Article 277 of this Book may also be filed by the Child Care and Protection Board (Raad voor de Kinderbescherming).
Section 6
Guardianship (voogdij)
Guardianship commences:
Guardianship ends on the day on which the decision has become final and binding (in kracht van gewijsde) by which:
Upon the joint petition of the guardian and another person who stands in a close personal relationship to the child, the court may determine that the…
The joint exercise of guardianship ends on the day on which the court order, whereby the joint exercise of guardianship has been terminated or…
After the death of a guardian who exercised the guardianship together with another, the other guardian shall henceforth exercise the guardianship…
The petitions that the certified institution, referred to in Article 1.1 of the Youth Act (Jeugdwet), or the legal person, referred to in Article…
A parent may determine by testamentary disposition or by having a note to this effect included in the register referred to in Article 244, which…
The arrangement made by the parent shall have no effect or shall lapse:
The court shall appoint a guardian for all minors who are not under parental authority and for whom guardianship has not been provided for in a…
If provision is necessary pending the commencement of the guardianship in accordance with Article 280 of this Book, the court shall appoint a…
The court shall likewise appoint a guardian when provision is necessary by reason of:
During the guardianship referred to in Articles 296 and 297, the exercise of the guardianship is suspended in respect of the guardian concerned.
The court shall appoint the guardian upon the petition of relatives by blood or by marriage of the minor, the Child Care and Protection Board…
A person who, with the consent of the guardian, has cared for and raised a minor in their family for at least one year — other than by virtue of a…
The registrar of births, deaths, marriages and registered partnerships shall notify the court without delay:
The court may assign guardianship to a certified institution as referred to in Article 1.1 of the Youth Act (Jeugdwet).
Insofar as the law does not provide otherwise, the certified institution, as referred to in Article 1.1 of the Youth Act (Jeugdwet), which is charged…
With the certified institution, as referred to in Article 1.1 of the Youth Act (Jeugdwet), the directors are jointly and severally and personally…
Without the permission of the court, a certified institution as referred to in Article 1.1 of the Youth Act (Jeugdwet) may not place a minor…
Section 6 of this Title does not apply to the exercise of provisional guardianship (voorlopige voogdij) as referred to in Articles 241, 268 and 331.
Every guardian may have himself discharged from his office, if:
Upon the joint petition of the guardians or the petition of one of them, the court shall terminate the joint exercise of guardianship. In such case…
When a guardian is incompetent to exercise guardianship on one of the grounds mentioned in Article 246 of this Book, the court shall discharge him…
Children who are under the guardianship of natural persons may be placed under supervision.
The court may terminate the guardianship of a natural person if:
The court may terminate the guardianship of a certified institution as referred to in Article 1.1 of the Youth Act (Jeugdwet) or of a legal person as…
Termination of guardianship may be ordered upon the petition of the Child Care and Protection Board, the Public Prosecution Service, or any of the…
The court may suspend a natural person charged with guardianship, in whole or in part, from the exercise of authority if:
Instead of suspending the guardian from the exercise of guardianship and providing for provisional guardianship as referred to in Article 331, the…
The court that denies a petition for the termination of guardianship is authorised to place a minor under supervision as referred to in Article 255.
If the court pronounces the termination of the guardianship, it shall also provide for the authority, subject to the provisions of the third…
A person whose guardianship has been terminated on the basis of Article 327, paragraph 1, opening words and under a, b or c, cannot be reappointed as…
The guardian shall ensure that the minor is cared for and brought up in accordance with the minor's means.
If the minor has been cared for and raised as a member of the family by a person or persons other than his guardian, with the consent of the…
The guardian represents the minor in civil acts.
In the event of joint exercise of guardianship, the powers vested in the guardian pursuant to paragraphs 10 and 11 shall be exercised jointly by the…
The guardian shall ensure that the assets of the minor, as composed at the commencement of his guardianship, are inventoried as soon as possible.
When the assets of the minors do not exceed a value of € 11,250, the guardian may, instead of the inventory of the estate, submit a declaration to…
The subdistrict court judge may, in the event of demonstrated necessity, set a longer period for the submission of an inventory of the estate or a…
In the inventory or in the statement referred to in Article 339 of this Book, the guardian must state what claims he has against the minor. In the…
Articles 338 to 341 inclusive shall apply mutatis mutandis where a minor acquires assets during the guardianship by way of gift, succession or…
Without prejudice to his liability for damage caused by his maladministration, the guardian may perform all acts for the minor which he deems…
Insofar as the subdistrict court judge (kantonrechter) does not provide otherwise, the guardian shall place the bearer securities of the minor in the…
The guardian requires authorisation from the subdistrict court (kantonrechter) to perform the following acts for the account of the minor:
The guardian may not purchase, rent, or lease any property of the minor without the subdistrict court (kantonrechter) approving the agreement to be…
A juridical act performed in the name of the minor in violation of Article 345 or 346 is voidable; the ground for avoidance may be invoked only on…
The guardian cannot, without the subdistrict court approving the agreement to be concluded, acquire a claim against the minor, nor any limited right…
A guardian who acts in legal proceedings as a claimant on behalf of the minor or institutes an appeal against a judgment without the authorisation of…
The guardian shall ensure the efficient investment of the minor's assets.
Where the assets of the minor or a part thereof are invested in a commercial, agricultural or industrial enterprise, the guardian may not continue…
Notwithstanding the absence of the required authorisation, acts performed by the guardian in violation of Article 350 or Article 351 are valid.
The guardian cannot, without authorisation from the subdistrict court, waive a share in a dissolved community of property resulting from a marriage…
The subdistrict court judge (kantonrechter) may at any time summon the guardian for a hearing. The latter is obliged to provide all information…
The subdistrict court may order a parent who is vested with parental authority or a parent who solely has the administration of the assets and who…
The subdistrict court judge (kantonrechter) shall only issue instructions and authorisations, as referred to in this paragraph, if it appears to him…
If the costs of a measure ordered for the benefit of a minor have been charged to the minor by judicial order, in the event that the assets of the…
The guardian may charge the minor for all necessary, appropriate, and properly justified expenses.
The subdistrict court judge (kantonrechter) may at all times, at the petition of the other guardian or ex officio, impose upon the guardian the…
In the event of a disagreement regarding the account, the subdistrict court (kantonrechter) may order the correction thereof.
The periodic account rendered by the guardian or a certified copy thereof shall remain deposited at the registry of the court.
The subdistrict court judge may, at the petition of the other guardian or of its own motion, determine the damage which, as appears from the account…
The subdistrict court judge may at any time order that the guardian provide security for his administration. He shall determine the amount and the…
The security provided by the guardian shall cease as soon as his account and justification have been approved, or as soon as the legal actions…
If the guardian remains in default:
Likewise, the subdistrict court may notify the Child Care and Protection Board (raad voor de kinderbescherming) that:
The Child Care and Protection Board (Raad voor de Kinderbescherming) which receives such notification from the subdistrict court judge shall, after…
If minors who are under the guardianship of different guardians have property in common, the subdistrict court of the place of residence of one of…
The subdistrict court may, at the petition of the guardian or of its own motion, place the assets of the minor or a part thereof, including the…
The guardian is obliged to give notice to the registry of the court of every change in his place of residence.
The clerk of the court that appoints a guardian shall immediately give notice thereof to the cantonal judge of the court of the district in which the…
Upon the termination of his administration, the guardian shall immediately render account and justification thereof. The costs shall be paid by the…
The guardian shall render this account and distribution either to the person who has attained the age of majority, or to the heirs of the minor if…
The aforementioned rendering of accounts and distribution shall be rendered before the cantonal judge (kantonrechter) within whose jurisdiction the…
A juridical act addressed to or performed with the guardian by a person who has attained majority, concerning the guardianship or the guardianship…
Any amount which the minor remains owing to the guardian shall not bear interest, as long as he is not — after the closing of the accounts — in…
Any right of action based on the conducted guardianship administration — both on the part of the minor and on that of the guardian — shall be barred…