Gezag

Authority

Authority, or parental authority, is the right and duty of parents to care for, raise and represent their minor child in legal matters.

Parental authority is a core concept in Dutch family law that governs the legal responsibility of parents for their minor children. It encompasses both the day-to-day care and upbringing of the child and the authority to make significant decisions concerning matters such as school choice, medical treatment and place of residence.

Authority arises automatically at birth for married or registered parents and may be granted or withdrawn by the court in proceedings concerning divorce, adoption or guardianship. It is of particular relevance as it constitutes the legal foundation of the parent-child relationship and determines who holds decision-making power in the event of disputes or legal proceedings.

In practice, issues of authority commonly arise in divorce proceedings, where parents must determine whether authority will be exercised jointly or solely, as well as in applications for judicial modification of existing arrangements.

“After the divorce, the parents petitioned the court to maintain joint parental authority over their daughter.”

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