Your strategic partner in Care and Parental Responsibility

What do care and parental responsibility entail?

Care and custody form the legal basis for the relationship between parent and child following a divorce. Whilst ‘custody’ (often still referred to colloquially as ‘guardianship’) concerns the legal authority to make decisions regarding important life choices, ‘care’ relates to the actual division of time. This is set out in a visitation arrangement or co-parenting agreement.

In the event of a divorce, parents are obliged to set out these arrangements in a parenting plan. The law prioritises the child’s best interests, but in practice, parents’ views on this can be diametrically opposed. Conflicts over the parenting plan or its implementation are often emotionally charged. It requires legal expertise to establish a practical framework in a situation where emotions run high, so that calm and clarity can be restored.

What is our experience with care and custody?

Our Family & Inheritance Law department handles the most complex cases involving minors. We represent parents, but never lose sight of the child’s perspective. Our expertise includes:

  • Complex care and access arrangements – We advise, mediate and, if necessary, litigate on the division of care responsibilities. We also have extensive expertise in amending parenting plans, particularly in situations where communication between parents is difficult.

  • Custody disputes – Disputes regarding the implementation of joint custody, such as deadlocks over important decisions (for example, regarding substitute consent for holidays, moving house, choice of school, vaccination or medical treatment).

  • International child abduction (HKOV) – We have specific expertise in cross-border cases where a child has been taken to the Netherlands from abroad, or from abroad to the Netherlands, without the other parent’s consent. (Hague Convention on Child Abduction).

  • Relocation cases – Is a parent permitted to move with the child to another city or another country? We assist parents who wish to relocate and parents who wish to prevent a move.

  • Child protection measures – We provide assistance in proceedings concerning placement under supervision (OTS) and out-of-home placement (UHP).

  • Appeals – As Banning has an appeals practice, we litigate on matters of principle concerning care and custody all the way to the Supreme Court.

When should you consult a solicitor regarding care and custody matters?

It is advisable to seek legal assistance as soon as communication between parents breaks down or significant decisions need to be made:

In the event of divorce and the parenting plan:

  • When you cannot agree on the parenting plan, the child’s primary residence or the access arrangements.

  • If the other parent is obstructing contact with your child or refuses to comply with the agreements made.

  • If you wish to apply for custody of your child or, conversely, to change to sole custody.

In international and complex situations:

  • If you wish to move abroad with your child, or if your ex-partner intends to do so without your consent.

  • Where there is a case of (imminent) international child abduction.

  • If you or your partner wish to come and live in the Netherlands without permission.

In relation to Youth Care:

  • If you are faced with intervention by the Child Protection Board or a Certified Institution.

  • If you wish to make a request or put forward a defence against a supervision order or a placement order.

Paternity

  • In disputes concerning the recognition of a child or paternity proceedings.

  • Change of first name and surname.

  • Surrogacy.

Specialist

  • If you require a specialist guardian, we have the necessary expertise in-house for matters relating to parentage as well as disputes involving a minor child.

  • Appointment of a family lawyer in cases of deep-seated disputes between parents.

  • Referral to mediation by the courts and/or tribunals.

How do we proceed?

In cases involving children, our approach focuses on de-escalation where possible, and taking decisive legal action where necessary.

  • Personal Analysis & Strategy We assess your situation and the child’s best interests. Is it still possible to reach an agreement on the parenting plan? If so, we will aim for a mutually agreed arrangement to preserve the parental relationship. Is the situation untenable or urgent? In that case, we will immediately opt for a procedural route.

  • Establishing legal frameworks We translate your wishes and concerns into legal arguments. In relocation cases or custody disputes, we analyse in minute detail whether the strict criteria applied by the courts have been met.

  • Litigation (including urgent cases) If necessary, we initiate summary proceedings or proceedings on the merits to enforce compliance with the access arrangements or to obtain consents.

  • Appeal-proof advice Because we know how the Supreme Court rules, we build your case to be legally watertight from the outset

Why choose our specialists in custody and guardianship?

  • High-quality expertise – We have a thorough understanding of the complexities of (international) family law.
  • International network – In cross-border cases (abduction/relocation), we liaise swiftly with specialists abroad.
  • Child-centred and impartial – We are on your side, but we are also prepared to hold up a mirror to you if it is in the best interests of the case and your child.
  • Experience with the Child Protection Board – We understand how the authorities operate and know how to mount an effective defence against their reports.
  • Litigation at the highest level – From the district court to the Supreme Court; we have the litigation experience to achieve the best possible outcome.

Please contact our family and inheritance law specialists for a discreet and informative discussion about your situation.

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