Best Child Custody Lawyers in Beilen

About Child Custody Law in Beilen, Netherlands

Child custody in the Netherlands is called parental authority, or gezag. It covers the right and duty to care for, raise, and make important decisions about a child, such as where the child lives, schooling, health care, and travel. Daily care and contact schedules are arranged through care and contact arrangements, or omgangsregeling. The child’s main residence is called hoofdverblijfplaats. Dutch family law is national, so the rules in Beilen are the same as elsewhere in the Netherlands. If you live in Beilen, your court proceedings typically go through the District Court of Noord-Nederland, Assen location. The guiding principle is always the child’s best interests.

Married parents and parents in a registered partnership usually have joint custody from the child’s birth. Unmarried parents do not get joint custody automatically. The other parent can obtain joint custody with the mother’s consent by registering in the custody register, or by asking the court if consent is not given. Recognition of the child, called erkenning, is not the same as custody. Parents who separate must arrange a parenting plan that sets out custody, residence, care schedules, communication, decision making, and child maintenance. Mediation is widely encouraged, and children from age 12 are usually heard by the court about what they want.

Why You May Need a Lawyer

Many families resolve parenting arrangements themselves, but legal support can be essential when disputes arise or decisions carry long term consequences. You may need a lawyer if you are divorcing or ending a registered partnership and need a court order that approves a parenting plan. Unmarried parents often need assistance to complete recognition and joint custody applications, especially if one parent does not consent. A lawyer can help when there is disagreement about the child’s main residence, school choice, medical treatment, holidays, or passports.

Legal guidance is vital if one parent wants to relocate within the Netherlands or abroad and the move would affect the contact schedule. Cross border situations, such as international child abduction or disputes governed by the Hague Conventions, require specialist advice. If a parent is obstructing contact, you may need help with enforcement or a request for a penalty arrangement. Where there are concerns about safety, domestic violence, neglect, or involvement of the Child Care and Protection Board, a lawyer can protect your rights and help present your position to the court. Urgent matters can require temporary court measures to stabilize arrangements while a case is pending.

Local Laws Overview

Legal framework. Custody and contact are governed mainly by Book 1 of the Dutch Civil Code and the Dutch Code of Civil Procedure. Dutch courts decide based on the child’s best interests, stability, and continuity of care. In Beilen and the surrounding area, cases are heard by the District Court of Noord-Nederland, usually at the Assen location. Appeals go to the Court of Appeal in the relevant region.

Who has custody. Married parents and parents in a registered partnership generally have joint custody. Unmarried mothers have custody by default. The other parent can obtain joint custody by registering with the custody register with the mother’s consent. Without consent, the other parent can petition the court for joint custody. Same sex parents can have joint custody on similar terms, with additional steps depending on parentage and recognition.

Recognition versus custody. Recognition creates a legal parent child relationship but does not give custody. If the mother does not consent to recognition, the other parent can ask the court for substitute consent for recognition. After recognition, joint custody still needs to be arranged if the parents are not married or in a registered partnership.

Parenting plan. In divorce and dissolution proceedings involving children under 18, parents must submit a parenting plan that covers residence, care and contact schedules, information sharing, decision making, and child maintenance. Even outside divorce, a parenting plan is often required when asking the court to decide custody or contact.

Child participation. Children from age 12 are invited to be heard by the judge. Younger children can be heard if appropriate. The child’s views are important but not decisive. The court considers maturity, consistency of wishes, and overall welfare.

Relocation. A parent cannot relocate with the child in a way that significantly affects the agreed or ordered contact without the other parent’s consent or a court order. This applies to moves within the Netherlands and abroad. The court weighs factors such as the necessity of the move, distance, feasibility of contact, and the child’s ties to school and community.

Enforcement and changes. If a parent does not comply with a contact arrangement, the court can attach a penalty payment or modify the arrangement. In serious or persistent non compliance, the court can consider changes to main residence or decision making. Urgent situations can be addressed through provisional measures during divorce or custody proceedings.

Child protection. The Child Care and Protection Board can investigate concerns and advise the court. Protective measures include a supervision order and, in severe cases, out of home placement. These measures are court ordered and time limited, with regular reviews.

International aspects. The Netherlands applies EU regulations and Hague Conventions for jurisdiction, recognition, enforcement of orders, and international child abduction. The Dutch Central Authority handles incoming and outgoing abduction cases and cross border contact issues.

Costs and legal aid. Court fees apply, and each party usually pays their own lawyer. People with lower income may qualify for subsidized legal aid through the Legal Aid Board. Mediation can be faster and more cost effective, and subsidies may be available.

Frequently Asked Questions

What is the difference between custody and a care and contact arrangement

Custody, or gezag, is the authority to make important decisions about the child and the duty to care for and raise the child. A care and contact arrangement, or omgangsregeling, sets out the practical schedule for when the child is with each parent and how contact takes place. You can have joint custody even if the child’s main residence is with one parent, and you can have a detailed contact schedule without joint custody.

Do unmarried parents in Beilen automatically have joint custody

No. If you are not married or in a registered partnership, the mother has custody by default. The other parent can obtain joint custody with the mother’s consent by registering this in the custody register. If consent is refused, the other parent can ask the court to grant joint custody, which is often approved unless there are serious reasons against it.

How do I apply for joint custody if we agree

Parents who agree can file a joint request to register joint custody in the custody register. This is an administrative process through the courts’ custody register. You will need proof of recognition of the child and identification. If you are unsure about the forms or requirements, a family lawyer can help you prepare the application correctly.

What if the other parent refuses to agree to joint custody

You can file a petition with the District Court of Noord-Nederland asking for joint custody without the other parent’s consent. The court will assess whether joint custody is in the child’s interests. Joint custody is commonly granted unless there is a risk that the child would become stuck between the parents or safety is at stake.

Will my child be heard by the judge

Children from age 12 are usually invited to share their views with the judge in an informal setting. Younger children can also be heard if the judge believes it is appropriate or if the child asks to be heard. The judge considers the child’s views along with other factors to decide what is best for the child.

Can I move with my child to another city or abroad

If the move would impact the other parent’s contact, you need that parent’s consent or a court order. This applies to moves within the Netherlands and abroad. If you cannot agree, ask the court for permission before moving. Moving without consent or permission can lead to legal action and possible orders to return.

What can I do if the other parent does not follow the contact schedule

You can first try to resolve the issue directly or through mediation. If problems persist, you can ask the court to enforce the order, impose a penalty for each violation, or change the arrangement. The court focuses on practical solutions that support the child’s stability and contact with both parents when safe.

Do we need a parenting plan for divorce in Beilen

Yes. If you have minor children, you must submit a parenting plan with your divorce or dissolution petition. The plan should cover residence, care and contact, information sharing, decision making, and child maintenance. The court reviews and usually confirms the plan in its decision if it is workable and in the child’s interests.

How is child maintenance determined

Child maintenance is based on the child’s needs and each parent’s financial capacity. Dutch guidelines look at income, necessary expenses, and the time the child spends with each parent. Parents can agree on an amount and include it in the parenting plan. If there is no agreement, the court decides according to the guidelines.

How long does a custody case take

Timeframes vary. Simple joint custody registrations can be completed relatively quickly. Uncontested court requests may be decided within weeks. Contested cases, especially those involving investigations or expert reports, can take several months. Urgent temporary measures can be requested if immediate arrangements are needed.

Additional Resources

District Court of Noord-Nederland, Assen location - Family law court for Beilen residents. The court registry can provide information about filing petitions, custody registrations, and hearing dates.

Juridisch Loket - Free legal information service that offers initial advice on custody, contact, and divorce. National helpdesk telephone 0800 8020.

Raad voor de Kinderbescherming, Child Care and Protection Board - Investigates the child’s situation and advises the court in custody and contact cases, and can request child protection measures when necessary.

Veilig Thuis Drenthe - Advice and reporting center for domestic violence and child abuse. Offers guidance and can coordinate safety measures. National number 0800 2000.

Gemeente Midden Drenthe - Municipal civil affairs desk for birth registration, extracts from the population register, and other documents often needed in family cases.

Raad voor Rechtsbijstand, Legal Aid Board - Assesses eligibility for subsidized legal aid and mediation based on income and assets.

MfN register mediators - National register of certified mediators. Many family mediators serve Drenthe and can help draft a parenting plan.

Central Authority for International Child Abduction, Ministry of Justice and Security - Handles cross border abduction, return requests, and international contact cases under the Hague Conventions.

Jeugdbescherming Noord - Regional youth protection organization that implements court ordered supervision and supports families under child protection measures.

Next Steps

Clarify your goals. Write down what arrangements you seek about custody, residence, schooling, holidays, and communication. Focus on what serves your child’s stability and development.

Collect key documents. Gather IDs, the child’s birth certificate, recognition documents, any existing court orders, and relevant school or medical information.

Try to reach agreement. If safe, discuss options with the other parent and consider mediation to produce a workable parenting plan. Mediation can save time and reduce conflict.

Get legal advice early. Speak with a family lawyer who practices before the District Court of Noord-Nederland. Ask about likely outcomes, timeframes, costs, and whether you qualify for legal aid.

Prepare a parenting plan. Even if you expect to litigate, drafting a proposal helps structure discussions and shows the court you are solution focused. Include practical details about schedules, holidays, travel, and how you will make decisions and share information.

Address urgency. If there are safety concerns or urgent issues like residence or school enrollment, ask your lawyer about provisional measures to put temporary arrangements in place while the case proceeds.

File the right application. Depending on your situation, this could be a joint custody registration, a petition for joint custody, a request to approve a parenting plan in divorce, or a request to set or modify contact arrangements.

Keep the child’s voice in view. Support your child before court hearings and avoid involving them in parental conflict. Respect the child’s right to be heard when applicable.

Follow through and adjust when needed. After an order is made, implement it consistently. If circumstances change, seek legal advice about revising arrangements by agreement or through the court.