When do I lose parental responsibility over my child?

Removing parental responsibility

Families experiencing parenting problems are usually referred to local help organised by the municipality at first. In cases of domestic violence and child abuse, Veilig Thuis may also be involved. Veilig Thuis or a youth care agency will offer your family assistance, with the aim of solving the problems with your voluntary involvement.

If this approach is unsuccessful, or if you or your child do not accept assistance, the youth care agency will refer your case to the Child Protection Board (the board). The board will assess whether your child's development is at serious risk. If it is, the board will ask the children's judge to relieve you of your parental responsibility.

The judge may transfer responsibility for your child to someone else permanently or temporarily. Since 1 January 2015 there is one type of court order removing parental responsibility. There used to be two types: one with parental consent (ontheffing van ouderlijk gezag) and one without parental consent (ontzetting van ouderlijk gezag). These have been replaced by the new order.

Decision by the children's judge to restore parental responsibility

The judge will ask you to give your opinion at the hearing. A lawyer can help you with this. If your child is 12 or older, the judge will also ask their opinion.

If the judge decides to transfer parental responsibility for your child to someone else permanently or temporarily, a certified agency will carry out the order.

If you do not agree with the judge's decision you will need to consult a lawyer, who will submit an appeal for you.

Implementation of an order removing parental responsibility

Until the end of 2014 children came under the supervision of the Child Protection Board. On 1 January 2015, responsibility for implementing orders removing parental responsibility was transferred to municipalities. Municipalities make agreements to this end with certified agencies responsible for child protection measures in their region.

If you lose parental responsibility, a certified agency will be given responsibility for your child permanently or temporarily. This means the agency will have guardianship of your child. Your child will be brought up in a foster family or a care home. Officially, you will no longer have authority over your child. The guardian will, however, involve you wherever possible and keep you informed about your child.

Duration of an order removing parental responsibility

An order removing parental responsibility applies until the child is 18. However, after a certain time you can ask the court to restore parental responsibility.

Ending shared parental responsibility

If you and your partner split up, you can ask the courts to allocate parental responsibility to one of you.

If you are a parent and a non-parent sharing parental responsibility, but you are splitting up, your shared parental responsibility can be ended at the request of either partner. You will need to submit either a joint request or two separate requests to the court. Once shared parental responsibility has ended, the non-parent will continue to be liable for maintenance. This liability will continue for the same length of time that the two of you shared parental responsibility.