Joint parental authority allows both parents to share the responsibilities and decision-making for their children after divorce, dissolution of a registered partnership or separation. It requires effective communication and collaboration, especially when it comes to significant decisions affecting the child’s well-being. This blog will explore the concept of joint parental authority.
What is joint parental authority?
Joint parental authority means that both parents have equal rights and responsibilities regarding their children. This means that they must consult and agree on important decisions that affect their children’s lives.
Is it possible to terminate joint parental authority?
It is not possible to terminate this on your own; that is up to a court. Moreover, a judge will rarely do this. The principle in the Netherlands is that there is joint parental authority, not sole parental authority.
Key areas requiring consent
In practice, it appears that the following decisions are usually the most important:
- vacations: for a vacation of one parent with a child, the consent of the other parent is required. We sometimes see that the staying parent abuses their parental authority by not granting consent. If it is just a ‘normal’ vacation, a judge will generally grant consent. This is different if the vacation is to countries where there is a war or a high risk of a natural disaster;
- school choices: choosing the right school is a significant decision that can affect a child’s academic and social development. Both parents should be involved in discussions about school options, including public versus private education, extracurricular activities, and special needs considerations. Collaborative decision-making in this area helps ensure that the child’s best interests are prioritized; and
- medical decisions: health care is another critical area where parental consent is essential. Whether it’s routine check-ups, vaccinations, or more serious medical interventions, both parents should be informed and involved in medical decisions. This cooperation not only ensures that the child receives appropriate care but also helps to avoid potential conflicts.
What if the other parent does not grant consent?
In that case, it is possible to request substitute consent from a court. The judge will then weigh the decision in the best interest of the child. However, a proceedings at a court is usually not in the best interest of the child and the relationship with the other parent, so it is advisable to try to avoid proceedings.
Conclusion
Joint parental authority requires both parents to collaborate on significant decisions impacting their child’s life. By prioritizing communication and mutual consent, parents can create a supportive environment that fosters the child’s growth and happiness. Ultimately, the goal is to ensure that children feel secure and loved, regardless of their parents’ relationship status.
More information
Would you like to discuss these cases or do you have another legal question? Please do not hesitate to contact GMW Lawyers.
Dylan Bertsch specializes in family law and is a committed and passionate lawyer and mediator.