Applying for joint parental responsibility by two parents
Do you and your partner have a child together? Do you not have joint parental responsibility (gezamenlijk ouderlijk gezag) for your child? Then you can submit a request for joint parental responsibility to the court.
Last updated on 9 January 2023
Lees deze informatie in het Nederlands
When to apply for joint parental responsibility
Are you married or in a civil partnership? Then you will automatically be granted joint parental responsibility of your child.
Are you not married or in a civil partnership? From 1 January 2023 you will automatically be granted joint parental responsibility with the birth mother if you formally acknowledge parenthood of the child. This is referred to as “kind erkennen” or "erkenning". Did you acknowledge parenthood of your child before 1 January 2023? Then you will have to apply for joint parenal responsibility.
Eligibility for joint parental responsibility
To be granted joint parental responsibility, you have to meet certain conditions. For example, you have not previously held joint parental responsiblity of the child. You can find all the conditions to apply for joint custody on the rechtspraak.nl website.
Applying for joint parental responsibility
You can submit an online application for joint parental responsibility (in Dutch) to the district court. You can also submit your application for joint parental responsibility in writing, using the Aanvraagformulier voor gezamenlijk gezag application form (in Dutch). Applying for joint parental responsibility is free of charge.
Laws and regulations (in Dutch)
Burgerlijk Wetboek Boek 1, artikel 252