Best Child Custody Lawyers in Ruinen

About Child Custody Law in Ruinen, Netherlands

Child custody in the Netherlands is about who holds parental authority and how care and contact with the child are arranged. In Dutch law, custody is called gezag. It gives a parent the right and duty to care for, educate, and make important decisions for the child. Separate from custody is the care and contact arrangement, called zorg- en omgangsregeling, which sets out where the child lives and when the child spends time with each parent.

Ruinen is in the municipality of De Wolden in the province of Drenthe. Custody cases for families living in Ruinen are typically heard by the District Court of the Northern Netherlands, location Assen. The central principle is always the best interests of the child. Courts encourage parents to make workable agreements themselves, often supported by mediation. If parents cannot agree, a judge will decide.

Why You May Need a Lawyer

You may need legal help if you and the other parent cannot agree on custody, residence, or contact schedules. A lawyer can explain your rights, negotiate a parenting plan, and represent you in court if needed. Legal support is also important where there are concerns about safety, domestic violence, child protection involvement, or substance abuse.

Parents often seek a lawyer when separating or divorcing, when one parent wishes to move with the child, when international issues arise such as cross-border relocation or abduction concerns, when existing arrangements no longer work and need to be changed, or when child support needs to be set or enforced. A lawyer can also help with recognition of the child, registering joint custody for unmarried parents, and with urgent interim measures during a separation.

Local Laws Overview

In the Netherlands, married parents and registered partners who are both legal parents usually automatically share joint custody from the child’s birth. Unmarried parents do not automatically have joint custody. If the mother is the only legal parent at birth, she has sole custody. The other parent can first acknowledge the child, then parents can register joint custody in the Central Custody Register. This is an administrative step that can be completed online or through the court system.

When parents divorce or end a registered partnership with joint custody, they are required to submit a parenting plan. A parenting plan addresses how parents will share care and upbringing, how and when they will inform and consult each other about important matters, and how they will handle child-related expenses. The court will review the plan and can make a decision if there is disagreement.

Key concepts include the child’s principal residence, which determines where the child is officially registered and can affect benefits and schools, and the care and contact schedule, which details when the child is with each parent. Joint custody usually continues after a divorce or separation unless there are exceptional reasons that make joint custody contrary to the child’s interests.

If parents with joint custody cannot agree on a major decision, such as schooling or medical treatment, the court can be asked to decide. Relocation with a child requires consent from the other joint-custody parent. If consent is refused, the court will weigh factors such as the reasons for moving, the distance, the impact on the child, and the feasibility of maintaining meaningful contact with the other parent.

Child support is based on the child’s needs and each parent’s financial capacity, following national guidelines used by courts. Orders can be revised if circumstances change. Enforcement can be handled by a national agency if payments are not made.

Children aged 12 and older are generally invited by the court to share their views. Younger children can also be heard if appropriate. The Court of the Northern Netherlands, location Assen, handles family cases for the Ruinen area. Urgent issues can be addressed through provisional measures while a main case is pending. If there are serious safety concerns, the Child Protection Board can advise the court and, if needed, child protection measures can be imposed.

Frequently Asked Questions

What is the difference between custody and contact?

Custody, or gezag, is the legal authority and responsibility for a child’s upbringing and major decisions. Contact, or omgang, is about the time the child spends with each parent and practical arrangements. A parent can have contact without custody, and parents can share custody while agreeing on flexible contact schedules.

Who has custody if we are not married?

If you are not married or in a registered partnership, the mother usually has sole custody at birth unless joint custody is registered. The other parent can acknowledge the child and then both parents can register joint custody in the Central Custody Register. If one parent refuses, the court can be asked to grant joint custody if it serves the child’s interests.

Do we need a parenting plan if we separate?

Yes if you are divorcing or ending a registered partnership and you have minor children, a parenting plan is required. It sets out care and contact, how you share information and decision making, and how you divide child related costs. Even if you are not married, a written plan is strongly recommended and may be required if you ask the court to decide on arrangements.

Can I move with my child to another town or abroad?

If you have joint custody, you need the other parent’s consent to relocate. If consent is refused, you can ask the court for permission. The court balances the reasons for moving, the distance, the effect on the child, and whether a good contact arrangement can be maintained. Moving without required consent can have serious legal consequences.

How does the court decide where the child lives?

The court considers the child’s best interests, including stability, continuity of care, the child’s relationship with each parent, practical factors like distance and school, and how parents cooperate. Courts can order a principal residence with one parent or shared care if suitable.

What if my child does not want contact with the other parent?

The court listens to children from age 12 and can also hear younger children. Avoid placing pressure on the child. The court may involve support services, supervised contact, or gradual build up of contact to protect the child while maintaining important relationships.

How is child support calculated?

Child support is based on the child’s reasonable needs and each parent’s ability to pay, using national guidelines applied by courts. The amount can be adjusted if income, care percentages, or needs change. If payments are not made, national collection services can help enforce an order.

Can we use mediation instead of going to court?

Yes. Mediation is widely encouraged in Dutch family law. A neutral mediator helps you reach practical agreements more quickly and with less conflict. Agreements reached in mediation can be submitted to the court for approval, making them enforceable.

How long does a custody case take?

Timeframes vary. If parents agree, the court can approve a parenting plan relatively quickly. Disputed cases can take several months, especially if investigations or expert reports are needed. Urgent matters can be addressed through provisional measures while the main case continues.

What happens if the other parent does not follow the agreement?

If a court approved plan is not followed, you can seek enforcement. The court can impose a penalty payment, adjust arrangements, or involve support services. In some situations, assisted or supervised contact can be ordered to stabilise the situation.

Additional Resources

The District Court of the Northern Netherlands, location Assen handles family matters for Ruinen and the wider Drenthe region. You can contact the court’s family law desk for procedural information and forms.

The Central Custody Register provides registration for joint custody of unmarried parents. Registration can be completed digitally with identification or via the court.

The Child Protection Board, called Raad voor de Kinderbescherming, investigates and advises the court in serious cases affecting a child’s safety or development.

Veilig Thuis Drenthe is the advice and reporting center for domestic violence and child abuse. Contact them for confidential advice and safety planning.

Juridisch Loket offers free initial legal information and can check if you qualify for subsidised legal aid through the Legal Aid Board, called Raad voor Rechtsbijstand.

Landelijk Bureau Inning Onderhoudsbijdragen, known as LBIO, assists with the collection and enforcement of child support orders.

Centrum Internationale Kinderontvoering and the Central Authority at the Ministry of Justice and Security provide help in international child abduction and cross-border custody cases.

Mediationfederatie Nederland maintains the national register of certified family mediators. Ask for an MfN-registered mediator with family law expertise.

Municipality of De Wolden offers access to youth and family support services through the local social team. They can refer to parenting support, supervised contact, or counseling in the Ruinen area.

Jeugdbescherming Noord en Overijssel is the certified institution handling youth protection measures in Drenthe when ordered by the court.

Next Steps

Start by writing down your goals for your child’s arrangements and any urgent concerns. Gather key documents such as birth certificates, proof of recognition or custody registration, school reports, schedules, and any relevant communications with the other parent.

Try to communicate calmly with the other parent to explore an agreement. If direct discussion is difficult, consider mediation with an experienced family mediator. A workable parenting plan that you design together often serves children best and can be approved by the court.

Seek legal advice from a Dutch family lawyer who practices in Drenthe, preferably with experience at the District Court in Assen. Ask about strategy, likely outcomes, costs, and timeframes. If your income is limited, ask about subsidised legal aid and whether you qualify.

If there is an urgent issue such as contact breakdown, refusal of consent to relocate, or safety concerns, talk to your lawyer about requesting provisional measures. If safety is at risk, contact Veilig Thuis Drenthe for immediate advice and support.

If you agree on arrangements, have the lawyer prepare a parenting plan and, where applicable, a divorce petition or joint request to the court to make the plan an enforceable order. If you do not agree, your lawyer can file a petition asking the court to decide on custody, residence, contact, and child support.

After an order is made, follow it consistently. If circumstances change, seek legal advice early about modifying arrangements. Keep communication child focused and use local support services in De Wolden to help your family adjust.

This guide provides general information to help you understand child custody in the Ruinen area. For advice on your specific situation, consult a qualified Dutch family lawyer.