Dutch Civil Code

Book 1 Law of Persons and Family Law


Title 1.14 Authority over minor children


Section 1.14.1 General provisions


Article 1:245 Basic principles regarding authority over minors
- 1. All minor children are subject to authority.
- 2. Authority means parental authority (also known as parental responsibility) or guardianship of minors.
- 3. Parental responsibility is exercised by the parents jointly or by one of them on his own. Guardianship over a minor is exercised by another person than the minorís parent or parents.
- 4. Authority over a minor covers the person of the minor, the administration of his property and his representation in performing acts on the field of civil law, both in and out of court.
- 5. Authority exercised by one parent together with another person than a parent (Ďnon-parentí) pursuant to Article 1:253sa or a court order based on Article 1: 253t is called joint responsibility and is treated as parental authority exercised by parents jointly, unless a statutory provision implies the contrary.


Article 1:246 Incapacity to exercise authority over minors
The following persons have no capacity to exercise authority over minors: minors, adults who are placed under guardianship and persons whose mental abilities are so disturbed that they are unable to exercise such authority, unless the disturbance is temporary.


Article 1:246a [repealed on 02.11.1995]


Article 1:247 Extent of parental authority
- 1. Parental authority comprises the duty and right of the parent to care for and raise his minor child.
- 2. The words Ďcare for and raiseí in the previous paragraph include caring and taking responsibility for the mental and physical welfare and safety of the child and promoting the development of his personality. The parents may not use mental or physical violence or apply any other degrading treatment when they care for and raise their child.
- 3. Parental authority includes the duty of the parent to develop the bond of his child with the other parent.
- 4. A child whose parents jointly had exercised authority over him, remains towards both parents entitled to be cared for and raised in the same way after the parentís marriage or registered partnership has ended for another reason than a legal separation or the death of one of the parents; the same applies when the parents have ended their cohabitation, provided that this cohabitation was marked as such in the authority register referred to in Article 1:252 paragraph 1.
- 5. In complying with the provisions of paragraph 4 the parents may include a contractual provision in their divorce agreement or parenting plan with regard to possible practical obstacles that may arise in connection with the end of their marriage, registered partnership or cohabitation, but only if and as long as these obstacles are relevant.


Article 1:247a Parenting plan at the end of a marked cohabitation
If the cohabitation has been marked in the authority register as meant in Article 1:252 paragraph 1 and the parents end their cohabitation, then they have to make a parenting plan as referred to in Article 815, second paragraph, of the Code of Civil Procedure.


Article 1:248 Article 1:247 (2) applies accordingly to a legal guardian or stepparent
Article 1:247 paragraph 2 shall apply accordingly to the guardian of a minor and to the person who cares for and raises a minor without having authority over him.


Article 1:249 Duties of the minor child
A minor child must observe the rights and powers that are granted to his parent or guardian in connection with the exercise of authority and he must take into account the interests of the other members of the family of which he forms a part.


Article 1:250 Appointment of a special guardian
When, in matters relating to the care and upbringing of the minor or to his property, the interests of the minor are contrary to the interests of one or both of the parents with authority or of the guardian or of both guardians, the Subdistrict Court shall appoint, upon the request of any interested party or of its own motion, a special guardian in order to represent the minor in such a matter in and out of court, if the Subdistrict Court considers this to be necessary in the best interests of the minor, taking into account particularly the nature of the conflict of interests.


Section 1.14.2 Parental authority


Subsection 1.14.2.1 Joint authority of parents during and after their marriage and authority of one of the parents after a divorce


Article 1:251 Joint authority of parents during and after their marriage
- 1. During their marriage the parents jointly exercise authority over their minor children.
- 2. When the marriage has been dissolved for another reason than the death of one of the spouses or a legal separation, the parents who had joint authority over their minor children during that marriage, will keep having joint authority over these children after the dissolution of that marriage.


Article 1:251a Request to convert joint authority into exclusive authority after the marriage has ended
- 1. After the marriage has been dissolved for another reason than the death of one of the spouses or a legal separation, the court may order, upon the request of one or both of the parents, that only one of the parents shall have authority over the child, if:
a. there is an unacceptable risk that the child would get lost or jammed between the parents and it is not to be expected that this situation will sufficiently improve within a foreseeable period of time, or;
b. for another reason a change in authority over the child is necessary in the best interest of the child.
- 2. The decision based on paragraph 1 shall be taken in the court order in which the legal separation, divorce or dissolution of the marriage after a legal separation has been decreed or in a later court order.
- 3. If the decision based on paragraph 1 did not concern all the children of the spouses, then the District Court may extent it to all these children upon the request of one of the parents or the Child Protection Board or of its own motion.
- 4. The court may of its own motion take a decision based on paragraph 1 if it thinks this would be appreciated by an involved child who has reached the age of twelve years. The same applies if the involved child has not yet reached the age of twelve years, but may be regarded to be able to make a reasonable evaluation of his interests in the matter.


Article 1:252 Parents who after their divorce still A child born from the relationship of the former parents after their divorce
- 1. Parents who had been married to each other or who had been registered as a partner under a registered partnership with each other and from whose relationship after the end of that marriage or registered partnership a child is born, shall jointly exercise authority over that child if this joint authority has been marked, upon their joint request, in the public authority register referred to in Article 1:244. A request referred to in the first sentence cannot be made with regard to children over whom such parents had jointly exercised authority in the past [the reason for this is that only a court order can end this joint authority over children born during the marriage or registered partnership and it would not be consistent that such a court order could be pushed aside by a simple request for a mark in the public authority register].
- 2. The clerk of the court shall refuse to make the requested mark if, at the moment on which the request was made:
a. one or both of the parents do not possess the legal capacity to exercise authority over minors, or;
b. one of the parents has been removed or deprived from the right to exercise authority and the other parent exercises this authority alone, or
c. a guardian has been charged with exercising authority over the minor, or
d. authority over the child has not been established at all, or
e. one of the parents has authority over the child and exercises it jointly with another person than the other parent of that child.
- 3. An appeal against a refusal to make the requested mark is only open if the request has been rejected because of the incapacity of one or both parents to exercise authority over minors on account of another reason than infancy (minority of age) or adult guardianship. Only then the District Court may be requested to order that the mark has to be registered. The District Court shall reject the appeal if there are well-substantiated grounds to fear that the interests of the child would be neglected if the appeal would be granted.


Article 1:253 Reactivation of authority when former spouses remarry with each other
- 1. If two former spouses remarry with each other or enter into a registered partnership with each other, while one of them still exercises authority over their child, then their joint authority will be reactivated by operation of law, unless the other former spouse does not posses the legal capacity to exercise authority over minors or has been removed or deprived from the right to exercise authority over this child or unless the former spouse who already exercised authority over the child did so on account of a joint authority exercised with another person who is not a parent of that child.
- 2. The former spouse whose authority has not been reactivated, may request the District Court to entrust him with authority over his child. Such a request may be rejected only if there are well-substantiated grounds to fear that the interests of the child would be neglected if the request would be granted.
- 3. Paragraph 1 and 2 apply accordingly if a legal separation has ended because of an official reconciliation.
- 4. Paragraph 1 and 2 apply accordingly where former registered partners, who jointly exercised authority over the child, enter into a new registered partnership or a marriage with each other.


Article 1:253a Court arrangement for the exercise of parental authority
- 1. When two parents jointly exercise authority over a child and there is a dispute in this regard between them, then this dispute may be laid before the District Court upon the request of one or both of the parents. The court shall settle the dispute by taking a decision in the best interests of the child.
- 2. Upon the request of one or both of the parents the District Court may also make an arrangement for the exercise of parental authority. This arrangement may include:
a. a distribution of the care and upbringing duties to each parent and, but only if this is required in the best interests of the child, a temporary ban for a parent to have contact with the child;
b. the decision with whom of the parents the child will reside primarily (main residence of the child);
c. the way in which information about serious matters relating to the childís person or property shall be provided to the parent with whom the child does not primarily reside or the way in which that parent has to be consulted;
d. the way in which information from third persons has to be provided in accordance with Article 1: 377c paragraph 1 and 2.
- 3. Where the parents are committed to an obligation as referred to in Article 1:247a and they have not complied with it, the court that has to decide on a request as meant in paragraph 2 shall of its own motion stay proceedings until this obligation has been performed properly. A stay of proceedings shall be omitted if this appears to be in the best interests of the child.
- 4. Articles 1:377a, 1:377e and 1:377g apply accordingly. The words Ďright of contactí [right of access] or Ďvisitation arrangementí in these statutory provisions, however, are to be read as Ďdistribution of care and upbringing dutiesí.
-5. Before the court takes a decision on a request as meant in paragraph 1 or 2, it will examine if the parents may reach a settlement and, when this is not possible, it may also, of its own motion or upon request, impose a coercive penalty insofar this is permitted by law or decide that the court order or parts of it will be enforceable with immediate effect under the application of Article 812, second paragraph, of the Code of Civil Procedure, always provided that the interests of the child do not oppose to this.
- 6. The court shall take the request into consideration within six weeks after it was filed.


Subsection 1.14.2.1a Joint authority of parents within a registered partnership


Article 1:253aa Authority over a child born during a registered partnership
- 1. Where a child is born during a registered partnership, its parents shall jointly exercise authority over it.
- 2. The statutory provisions for joint authority of parents apply accordingly to a joint authority as meant in paragraph 1, with the exception of Articles 1:251 paragraph 2 and 1:251a paragraph 2 and 3.


Subsection 1.14.2.2 The authority of one parent in another situation than after a divorce


Article 1:253b Exercise of authority solely by the mother
- 1. Where merely the maternity of a child is established or where the parents of the child are not married to each other nor have been married with each other and they do not jointly exercise authority over the child, the childís mother will, by operation of law, solely exercise authority over it, unless she had no legal capacity to exercise authority over minors at the moment of the delivery of her child.
- 2. A mother referred to in paragraph 1 who at the moment of the delivery of her child had no legal capacity to exercise authority over minors, shall by operation of law acquire authority over her child at the moment on which she will be legally capable to exercise authority over minors, unless another person is at this moment already entrusted with the authority over her child.
- 3. If at the moment referred to in the previous paragraph another person already has been entrusted with authority over the child, then the parent who could become entitled to exercise authority over the child herself may request the District Court to grant her this authority.
- 4. When the other parent exercises authority over the child, such a request shall be awarded only if the court thinks this is in the best interests of the child.
- 5. When a guardian exercises authority over the child, such a request shall be rejected only if there are well-substantiated grounds to fear that the interests of the child would be neglected if the request would be awarded.


Article 1:253c Request of the father to entrust him with authority over his child
- 1. The father who could become entitled to exercise authority over his child, but who has never shared joint authority over it with its mother, may request the District Court to entrust both parents or exclusively himself with authority over the child.
- 2. If the fatherís request is filed with the intention to entrust both parents with authority over the child, but the other parent does not consent to such joint authority, this request may be rejected only if:
a. there is an unacceptable risk that the child would get lost or jammed between the parents and it is not to be expected that this situation will sufficiently improve within a foreseeable period of time, or;
b. a rejection for another reason is necessary in the best interests of the child.
- 3. When the other parent already exercises authority over the child, a request of the father to entrust him exclusively with authority over this child shall be awarded only if the court thinks this is in the best interests of the child.
- 4. When the exercise of authority over the child has not been regulated or when a guardian exercises authority over the child, a request of the father to entrust him exclusively with authority may be rejected only if there are well-substantiated grounds to fear that the interests of the child would be neglected if the request would be awarded.
- 5. A request to entrust both parents with joint authority over the child, as referred to in paragraph 1, may be filed as well by the mother of the child.


Article 1:253d Authority over the child has fallen away
- 1. If authority over a child as meant in Article 1:253b paragraph 1 has fallen away, then the mother as well as the father as well as both parents, insofar they could become entitled to exercise authority, may request the District Court to entrust her or him exclusively with authority, respectively, to entrust them both with joint authority.
- 2. A request as meant in paragraph 1 may be rejected only if there are well-substantiated grounds to fear that the interests of the child would be neglected if the request would be awarded.
- 3. Where both parents have requested to exercise authority over their child other than by means of joint authority, the court shall grant the request of the person of whom it thinks that his or her exercise of authority will be in the best interests of the child.
- 4. If, before the court has decided on a request filed by only one of the parents, the other parent acquires authority over the child by operation, then this request shall be awarded only if this is in the best interests of the child.


Article 1:253e Loss of authority over a child
When a request of one of the parents as meant in Articles 1:253b, 1:253c or 1:253d has been awarded, this has the effect, as far as the other parent had exercised authority over the child up until that moment, that this last parent loses the right to exercise authority over the child. This effect does not set in if both parents are entrusted with joint authority as a result of the court decision.


Article 1:253f Authority after one of the parents has died
After the death of one of the parents the surviving parent shall, by operation of law, exercise authority over their children, if and to the extent that he already exercised this authority at the moment the other parent died.


Article 1:253g Authority after the death of the parent who exclusively exercised authority
- 1. When the parent, who exclusively exercised authority over his minor children, dies, the court shall entrust the surviving parent or a third person with authority over these children.
- 2. The court shall order so upon the request of the Child Protection Board, the surviving parent or of its own motion.
- 3. The request to entrust the surviving parent with authority over the children shall be rejected only if there are well-substantiated grounds to fear that the interests of the child would be neglected if the request would be awarded.
- 4. The provisions of the preceding paragraph apply as well if the deceased parent had appointed a guardian for these children in accordance with Article 1:292.


Article 1:253h Adjustment of the appointment of a guardian after the death of one of the parents
- 1. If, after the death of one of the parents, a guardian has been appointed by the court, then the court may at all times change this court order in the sense that the surviving parent shall be entrusted with authority over the child, provided that he possesses the legal capacity to do so.
- 2. The court shall only proceed to an entrustment with authority as meant in the previous paragraph if the surviving parent has requested to be entrusted with authority and not on another ground than that the circumstances meanwhile have changed or that the court order was taken on incorrect or incomplete information.
- 3. If the other parent had appointed a guardian in accordance with Article 1:292 and this guardian has already exercised authority, then the present Article shall apply accordingly, on the understanding that the request of the surviving parent to be entrusted with authority has to be filed within one year after the start of the guardianship and that such a request shall be rejected only if there are well-substantiated grounds to fear that the interests of the child would be neglected if this request would be awarded.


Subsection 1.14.2.2a Authority after the emancipation of an underage mother


Article 1:253ha Emancipation of an underage mother
- 1. An underage mother of sixteen years or older who wants to care for and raise her child under the right to exercise authority over it, may request the Juvenile Court to be emancipated.
- 2. Such a request may be filed also by the Child Protection Board on behalf of the underage mother. The Board, however, needs the written consent of the underage mother to do so. The request shall laps if the underage mother withdraws her consent.
- 3. A request as meant in paragraph 1 may be filed also before the child is born by or on behalf of the underage mother and also in the event that the underage mother shall reach the age of sixteen years around the time of the delivery of the child.
- 4. The Juvenile Court may award the request only if it thinks this is in the best interests of the mother and her child. If another person was charged with exercising authority over the child, then the emancipation of the underage mother has the result that she as of then shall exercise this authority exclusively.
- 5. Insofar it concerns the request to be emancipated, the underage mother has legal capacity to act in court and to appeal against a court decision.


Subsection 1.14.2.3 Administration of the child's property by the parents


Article 1:253i Administration and representation
- 1. When parents jointly exercise authority over their minor child, they shall jointly administer its property and jointly represent the child in performing juridical acts on the field of civil law, on the understanding that one of the parents may do so on his own provided that no objections from the other parent appear to exist against this.
- 2. Article 1:253a applies accordingly on the understanding that the words "District Court" shall be read as "Subdistrict Court".
- 3. When one parent exclusively exercises authority over his minor child, this parent shall solely administer the child's property and represent the child in performing juridical acts on the field of civil law.
- 4. The provisions of paragraph 2 and 3 may be set aside:
a. if the court, in its court order in which one of the parents, upon the joint request of both parents or upon the request of one parent against which the other parent has not made any objections, has been entrusted with the exercise of authority, has decided that the parent who has no authority over the child, shall have the right of administration of that child's property;
b. if a removal or deprivation from the right to exercise authority over the child has taken place pursuant to Article 1:276 paragraph 2;
c. if the person who has donated or bequeathed property to the minor has determined, when making the donation or in his last will, that another legal administrator shall administer the donated or bequeathed property.
- 5. In the situation meant in paragraph 4 under point (c), the parents shall jointly or, if one parent exclusively exercises authority over the involved minor, that parent shall solely be entitled to demand that the legal administrator renders account for his administration of the donated or bequeathed property.
- 6. Paragraph 1 and 2, respectively, paragraph 3 shall be applicable when an administration established by a donor or testator has ended.


Article 1:253j Parents must administer as a good administrator (liability for poor administration)
The parents or parent must administer the child's property as a good administrator. In the event of poor administration, they are liable for the damage that has been caused as a result, except where it concerns the benefits (fruits) from that property of which the law has granted them a parental usufruct.


Article 1:253k Statutory provisions for the right of administration of a legal guardian apply accordingly
The statutory provisions for the right of administration of a legal guardian of a minor, as indicated in Articles 1:342 paragraph 2, 1:344 up to and including 1:357 and 1:370, apply accordingly to the right of administration of the childís property by one or both of its parents.


Article 1:253l Parental usufruct
- 1. Each parent who exercises authority over his child, acquires by operation of law a parental usufruct on this child's property. If the child lives with the parent and earns an income from work on another than an occasional basis, it has the obligation to contribute in proportion to its financial capacity to the costs of the household of the family.
- 2. Paragraph 1 shall apply accordingly after a parent has been removed from authority, unless the other parent exercises authority over the child.
- 3. The duties incumbent upon a usufructuary are attached to a parental usufruct as well.


Article 1:253m Exclusion of parental usufruct in last will or when making a gift
When a child has acquired property from a testator or donor with regard to which the testator in his last will or the donor when making the donation has stipulated that it is not subject to parental usufruct, then the parents of that child shall not have a parental usufruct on this part of the property of the child.


Section 1.14.3 Common provisions for the exercise of authority by both parents or by one of them


Article 1:253n Ending of the joint authority of non-married parents
- 1. Where parents, who are not married to each other, have joint authority over their child as referred to in Articles 1:251a paragraph 1, 1:252 paragraph 1, 1:253q paragraph 5 or 1:277 paragraph 1, the District Court may, upon the request of both parents or of one of them, end this joint authority on the ground that the circumstances have changed afterwards or that the court took its decision on incorrect or incomplete information. In such an event the District Court shall order which of the parents as of then shall have authority over each of their minor children.
- 2. Article 1:251a paragraph 1 and 3 applies accordingly.


Article 1:253o Change of authority that is exercised only by one parent
Court decisions given on the basis of one of the statutory provisions of Subsections 1, 2 and 2a of the present Title or of Article 1:253n and due to which only one of the parents is entrusted with authority over a child, may be changed by the District Court upon the request of both parents or of one of them on the grounds that the circumstances have changed afterwards or that the involved court decision was taken on incorrect or incomplete information.


Article 1:253p Moment on which authority takes effect
- 1. In situations in which the court has entrusted both parents or one of them with authority over their child, this authority shall take effect as soon as the relevant court order has become final and binding or, when this court order has been made enforceable with immediate effect, one day after it has been handed over or sent out.
- 2. After a judicial dissolution of a marriage or after a legal separation, the authority over a child shall, however, not take effect before the court order decreeing the dissolution of the marriage has been registered in the Registers of Civil Status or, respectively, before the court order decreeing the legal separation has been registered in the Marital Property Register pointed out by Article 1:116.
- 3. If a mark has been made pursuant to Article 1:252 paragraph 1 and only one parent has been entrusted with authority over the child, then this authority can in any event only take effect after this mark has been removed by the clerk of the court. The clerk of the court notifies both parents in writing of the removal of the mark.


Article 1:253q Effects of legal incapacity to exercise authority over minors
- 1. When both parents jointly exercise authority over their minor children and one of them loses the legal capacity to do so because of one of the grounds mentioned in Article 1:246, then the other parent as of then shall exercise this authority exclusively over their children. Where the ground for legal incapacity is no longer relevant, the joint authority of both parents shall be reactivated again by operation of law.
- 2. When both parents jointly exercise authority over their minor children and they both lose the legal capacity to do so because of one of the grounds mentioned in Article 1:246, then the District Court shall appoint a legal guardian for their minor children.
- 3. When only one of the parents exercises authority over a minor child and this parent loses the legal capacity to do so because of one of the grounds mentioned in Article 1:246, then the District Court shall entrust the other parent with authority, unless there are well-substantiated grounds to fear that the interests of the children would be harmed as a result. If that is the case, then the District Court shall appoint a legal guardian for the minor children.
- 4. The court orders meant in paragraph 2 and 3 are given upon the request of a parent, a blood relative or in-law of the minor child, the Child Protection Board or by the District Court of its own motion.
- 5. Where the ground for legal incapacity of the parent meant in paragraph 3 is no longer relevant, this parent will be entrusted again, upon his request, with authority over his child, provided that the District Court is convinced that the child may be confided again to this parent. Upon the request of both parents or of one of them the District Court may entrust both parents with joint authority over their child or children.


Article 1:253r Situations to which Article 1:253q applies accordingly
- 1. The statutory provisions of Article 1:253q apply accordingly if:
a. it is impossible for one or both parents, whether temporary or not, to exercise authority over children, or;
b. the existence or the whereabouts of one or both parents are unknown.
- 2. The authority that is exercised by one or both parents is suspended during the time that one of the conditions of the first paragraph is still relevant.


Article 1:253s Required approval of stepparents who care for and raise the child without having authority
- 1. If a child, with the consent of his parents who have authority over him, has been cared for and brought up for at least one year by one or more other person as being a member of these other personsí family, then this child's parents may only make a change in the child's stay with approval of the person or persons who have taken on the task to care for and raise that child.
- 2. As far as an approval required pursuant to the preceding paragraph is not obtained, the District Court may replace it, upon the request of the child's parents, by its authorisation. Such a request may be rejected only if there are well-substantiated grounds to fear that the interests of the child would be neglected if the request would be awarded.
- 3. Where a request as referred to in paragraph 2 has been rejected, the court order shall remain in force for a period to be determined by the District Court, yet not longer than six months. If, however, a request for a custodial control over the child or a request for the removal or deprivation from parental authority of one or both parents has been filed before the end of this period, then the court order shall remain in force until a final and binding decision has been taken on the request.



Section 1.14.3A Joint authority of a parent together with another person who is not a parent of the child


Subsection 1.14.3A.1 Joint authority of a parent and another person than a parent by operation of law


Article 1:253sa Joint authority of a parent together with another person by operation of law
- 1. Where a child is born during a marriage or registered partnership, its parent and this parentís spouse or registered partner, who himself is not the parent of the child, shall jointly exercise authority over it, unless the child also stands in a legal familial relationship to its other parent.
- 2. The statutory provisions for joint authority of parents apply accordingly to a joint authority as meant in paragraph 1, except where it concerns the provisions of Articles 1:251 paragraph 2 and 1:251a paragraph 2 and 3.


Subsection 1.14.3A.2 Joint authority of a parent and another person than a parent by court order


Article 1:253t Request for joint authority
- 1. If only one of the parents has authority over a child, then the District Court may, upon a joint request of this parent and a person who is not the parent of the child, but who maintains a close personal relationship with it, entrust both applicants with joint authority over the child.
- 2. In the event that the child also stands in a legal familial relationship to its other parent, a request as meant in paragraph 1 may be awarded only if:
a. the parent and the other person, on the day on which they have filed their request, have jointly taken care for the child for a continuous period of at least one year, and;
b. the parent who has made the request, on the day on which the request was filed, has had exclusive authority over the child for a continuous period of at least three years.
- 3. The request is rejected if, also in the light of the interests of the other parent, there are well-substantiated grounds to fear that the interests of the child would be neglected if the request would be awarded.
- 4. A joint authority as meant in paragraph 1 cannot be granted in situations specified in Articles 1:253q paragraph 1 and 1:253r. Legal persons cannot be entrusted with such joint authority.
- 5. A request meant in paragraph 1 may be accompanied with a request to change the surname of the child into the surname of the parent with authority or the surname of the other person who is filing the request. Such a request shall be rejected, if:
a. the involved child has reached the age of twelve years and has not agreed with the request for a change of its surname at the occasion of its hearing;
b. the request referred to in paragraph 1 has been rejected, or;
c. the interests of the child oppose to a granting of the request for a change of its surname.


Article 1:253u Moment on which the requested joint authority takes effect
A joint authority as meant in this Subsection shall take effect on the day on which the court order, in which this authority was granted, has become final and binding or, when this court order has been made enforceable with immediate effect, after this court order has been handed over or sent out.


Article 1:253v Statutory provisions applying accordingly to a joint authority in the meaning of this Subsection
- 1. Articles 1:246, 1:247, 1:249, 1:250, 1:253a, 1:253j up to and including 1:253m, 1:253q paragraph 1 and 1:253r apply accordingly to a joint authority that is exercised by a parent and another person not being a parent of the child.
- 2. Article 1:253i applies accordingly as well, unless the parent who is entrusted with authority does not have the right of administration with regard to the property of the involved child on account of Article 1:253i paragraph 4, under point (a) or (c).
- 3. Article 1:253n applies accordingly as well. Before taking a decision on the ending of a joint authority as meant in Article 1:253t, the District Court shall give the childís parents or the parent without authority the opportunity to file a request in the best interests of the child in order to be entrusted with authority over the child themselves or, respectively, himself.
- 4. If the District Court, after the joint authority of the parent and the other person as meant in Article 1:253t has ended, has entrusted this other person with the exercise of guardianship over the child, then the District Court may at all times change this decision on the ground of a change of circumstances and entrust one of the childís parents, upon his request, with authority over the child, or entrust the parents who jointly had exercised such authority, upon their joint request, once again with joint authority over their child, always provided that this is in the best interests of the child.
- 5. Article 1:253q paragraph 2 applies accordingly, on the understanding that the District Court, before appointing a guardian, shall give the parent without authority the opportunity to file a request in the best interests of the child in order to be entrusted with authority over the child himself. The request meant in Article 1:253q paragraph 2 may be filed as well by the other person who is not the parent of the child.
- 6. Sections 4 and 5 of the present Title shall apply accordingly to joint authority exercised by a parent and another person not being the parent of the child, on the understanding that in the event that a parent, who jointly with such other person exercised authority, has been removed or deprived from the right to exercise authority, this other person can be entrusted with authority only after the District Court has given the parent without authority the opportunity to file a request in the best interests of the child in order to be entrusted with authority over the child himself.


Subsection 1.14.3A.3 Common provisions for joint authority of a parent and another person than a parent


Article 1:253w Maintenance obligation for a person with authority who is not the parent of the child
A person, not being the parent of the child, who jointly with one of the parents exercises authority over a child, has the obligation to provide maintenance to that child. If the joint authority over this child has ended because the child has reached the age of legal majority, then this maintenance obligation continues to exist until the child has reached the age of twenty-one years. After a court order, in which this joint authority was ended, has become final and binding or after the before mentioned joint authority has ended due to the death of the parent with whom the other person had jointly exercised authority over the child until the moment of that parentís death, this maintenance obligation continues to exist for obligations that have been entered into during the period that there existed joint authority, unless the court has extended this period for special reasons upon the request of the parent or of the other person who jointly exercised authority over the child. The maintenance obligation shall end at the moment on which the child reaches the age of twenty-one years. Articles 1:392 paragraph 3, 1:395a paragraph 1, 1:395b, 1:397, 1:398, 1:399, 1:400, 1:401 paragraph 1, 4 and 5, 1:402, 1:402a, 1:403, 1:404 paragraph 1, 1:406 and 1:408 apply accordingly.


Article 1:253x Legal effects of the death of the parent who jointly exercised authority with another person not being a parent
- 1. After the death of a parent who jointly with another person exercised authority over a child, this other person shall, by operation of law, exercise guardianship over that child.
- 2. The District Court may at all times, upon the request of the surviving other parent, entrust this other parent with authority over the child, provided that he has the legal capacity to exercise authority over minors.
- 3. Articles 1:253g and 1:253h are not applicable.


Article 1:253y End of a joint authority as meant in Article 1:253sa and 1:253t
- 1. A joint authority as meant in Articles 1:253sa and 1:253t shall end on the day that the court order, in which both parents are entrusted with joint authority or in which the joint authority exercised by one parent and another person, not being a parent, is ended, has become final and binding.
- 2. If the court order referred to in paragraph 1 has been made enforceable with immediate effect, then the joint authority of the parent and the other person, not being a parent, shall end one day after the court order has been handed over or sent out.


Section 1.14.4 Custodial control remedies for minors


Article 1:254 Grounds for ordering custodial control over minors
- 1. If the moral or mental developments of a minor or his health are seriously endangered and other measures to avert this danger have failed or, as must be expected, shall fail, then the Juvenile Court may place this minor under custodial control of a Foundation as meant in Article 1 under point (f) of the Youth Care Act.
- 2. A minor as referred to in paragraph 1 on whose behalf a petition for the issuance of a residence permit for a fixed term has been submitted pursuant to Article 28 of the Aliens Act 2000 and who in connection therewith is staying in a shelter as referred to in Article 1 under point (d) of the Act Central Organ Reception Service for Asylum Seekers, may be placed by the Juvenile Court under custodial control of a legal person who has been acknowledged by the Minister of Justice as a valid institution for this purpose.
- 3. The Minister of Justice may impose conditions or requirements in connection with an acknowledgement as meant in paragraph 2 and may acknowledge a legal person for just a preset period.
- 4. The Juvenile Court may place a minor under custodial control upon the request of one of his parents, of another person who cares for and raises this minor as if he was a member of his family, of the Child Protection Board or of the Public Prosecution Service.
- 5. Upon the request of a Foundation meant in Article 1, under point (f), of the Youth Care Act or upon the request of a parent entrusted with authority over the minor or of the minor himself if he has reached the age of twelve years, the Juvenile Court may replace a Foundation meant in Article 1 under point (f), of the Youth Care Act, that exercises custodial control over the minor, by such a Foundation located in another Province. The Child Protection Board is entitled to file a request as referred to in the preceding sentence if the Board maintains its opinion that the placement of the minor away from home should not be ended on the basis of Article 1:263 paragraph 1. If at the time of an extension of the duration of an already ordered custodial control the requirements for an appointment in the meaning of paragraph 2 are no longer met, then the Juvenile Court shall of its own motion replace the formerly appointed legal person by a Foundation as meant in Article 1 under point (f), of the Youth Care Act, unless a continuation of the operations of the before mentioned legal person appears to be necessary for reasons of stability.
- 6. The statutory provisions of Sections 4 and 5 and of Article 1:326 apply accordingly to a legal person meant in paragraph 2. In the event of a replacement of such a legal person on the basis of paragraph 5, the court shall appoint a Foundation as meant in Article 1, under point (f), of the Youth Care Act, that is located in the provence where the minor shall stay for a long period of time.


Article 1:255 Interim guardianship
Pending the investigations, the Juvenile Court may place the minor under interim guardianship if this is urgently and immediately necessary. The Juvenile Court shall set the duration of such an interim guardianship at no more than three months and it may at al times revoke its decision.


Article 1:256 Duration, extension and ending of custodial control
- 1. The Juvenile Court may order a custodial control for a maximum period of twelve months.
- 2. The Juvenile Court may continuously extent this period, each time by a maximum of twelve moths [until the child reaches age eighteen]. It may order such an extension at the request of a Foundation as meant in Article 1, under point (f), of the Youth Car Act, or upon the request of a parent, of another person who cares for and raises the child as if it was a member of his family, of the Child Protection Board or of the Public Prosecution Service.
- 3. If the Foundation meant in Article 1, under point (f), of the Youth Care Act does not proceed to filing a request for an extension as referred to in the previous paragraph, then it will notify this as soon as possible to the Child Protection Board, on submission of a report on the developments of the custodial custody.
- 4. The Juvenile Court may lift the custodial control when the grounds therefore no longer exist. It may do so at the request of the Foundation meant in Article 1 under point (f), of the Youth Care Act, of a parent entrusted with authority over the minor or of the minor himself if he has reached the age of twelve years.


Article 1:257 Tasks of the Juvenile Care Bureau: provision of assistance and support
- 1. [By means of a so called family guardian] the Foundation meant in Article 1, under point (f), of the Youth Care Act, shall exercise supervision over the minor and shall ensure that assistance and support are provided to the minor and to the parent entrusted with authority over him in order to avert the dangers which threaten the moral or mental developments of the minor or his health.
- 2. This assistance and support shall be provided with the intention that the parent with authority shall retain as much as possible his personal responsibility for the care and upbringing of the minor. Further rules with regard to the nature and extent of this assistance and support may be set by Order in Council, on recommendation of the Minister of Justice and the Minister of Health, Welfare and Sport.
- 3. If the level of development of the minor, in view of his age, and his ability and need to act independently and to arrange his own life make this necessary, then the assistance and support will be focussed more on the development of the minorís independence than on the improvement of the possibilities of the parents to care for and raise their child.
- 4. The Foundation meant in Article 1, under point (f), of the Youth Care Act shall promote the family bond between the parent with authority and the child.


Article 1:258 Instructions of the Foundation (given by the family guardian that is employed at this foundation)
- 1. The Foundation meant in Article 1, under point (f), of the Youth Care Act may, in the performance of its duties, give [by means of the family guardian] written instructions about the way in which the parents must take care for and raise the minor.
- 2. The parents with authority and the minor are obliged to follow these instructions.
- 3. The minor may only by virtue of Article 1:261 be placed away from home during the day and night, except in situations in which the parent with authority proceeds in doing so without any objections of the Foundation meant in Article 1, under point (f), of the Youth Care Act.


Article 1:259 Request filed at the Juvenile Court to cancel a written instruction
- 1. Upon the request of a parent with authority or of the minor who has reached the age of twelve years, the Juvenile Court may order that an instruction as meant in the previous Article is cancelled in full or in part. The request has no suspending effect unless the Juvenile Court has ordered the contrary.
- 2. When filing the request the decision of the Foundation meant in Article 1, under point (f), of the Youth Care Act on a request of the parent with authority or of the minor for the withdrawal of the instruction has to be submitted too.
- 3. The period for filing a request as meant in paragraph 1 at the Juvenile Court is two weeks and starts to run from the day following the one on which the decision of the Foundation referred to in paragraph 2 is handed over or sent out to the parent with authority or to the minor.
- 4. A request that has been filed while the two-week period meant in paragraph 3 had already passed, shall not be inadmissible on this ground if the applicant reasonably cannot be regarded to have been in default.


Article 1:260 Request at the Foundation for a withdrawal of an instruction
- 1. The parent with authority or the minor who has reached the age of twelve years may request the Foundation meant in Article 1, under point (f), of the Youth Care Act to withdraw an instruction in full or in part on the ground of a change of circumstances.
- 2. The Foundation meant in Article 1, under point (f), of the Youth Care Act shall give its written decision within two weeks after it has received the request referred to in paragraph 1.
- 3. Article 1:259 applies accordingly.
- 4. When the Foundation meant in Article 1, under point (f), of the Youth Care Act does not or not in time gives its decision, then this is regarded, for the purpose of the present Article, as a rejection of the request. In that case the period for filing a request at the Juvenile Court continues to run as long as the Foundation meant in Article 1, under point (f), of the Youth Care Act has not given its decision and shall end, if the Foundation meant in Article 1, under point (f), of the Youth Care Act after all gives its decision, two weeks thereafter.


Article 1:261 Placement of the minor away from home (placement in care)
- 1. When this is necessary in order to take care for and raise the minor or for an examination of his mental or physical condition, the Juvenile Court may authorise the Foundation meant in Article 1, under point (f), of the Youth Care Act, upon its request, to place the minor away from home during the day and night. Such an authorisation may be granted also upon the request of the Child Protection Board or the Public Prosecution Service.
- 2. If the placement away from home relates to the provision of care as meant in Article 5, second paragraph, of the Youth Care Act, then the request must be adjusted to the effectuation of a decision as referred to in Article 6, first paragraph, of that Act. This decision must be submitted as well when the request is filed at court. If the placement away from home is not related to the provision of care as meant in Article 5, second paragraph, of the Youth Care Act, then the request shall mention at which address the minor shall be placed in care.
- 3. In contradiction to the first sentence of paragraph 2 of the present Article, an authorisation for a placement away from home may be granted without a decision as meant in Article 6, first paragraph, of the Youth Care Act, in the cases described in the rules made under Article 3, fifth paragraph of the Youth Care Act and Article 9b, second paragraph, of the Exceptional Medical Expenses Act. In such an event the authorisation for a placement away from home shall be valid until a decision as meant in Article 6, first paragraph, of the Youth Care Act is taken. The Juvenile Court may order that the authorisation for a placement way from home remains effective if the decision, meant in Article 6, first paragraph, of the Youth Care Act, demands a placement away from home.
- 4. The Juvenile Court may also grant an authorisation for a placement away from home without the submission of a decision as meant in Article 6, first paragraph, of the Youth Care Act, if the request for a placement away from home is filed by the Child Protection Board, while the Foundation meant in Article 1, under point (f), of the Youth Care Act has not made a decision to place the minor away from home. In these cases the request shall mention at which address the minor shall be placed in care. If the Juvenile Court grants its authorisation, then the placement away from home shall be carried out by the Foundation, unless the Child Protection Board agrees with the non-enforcement of the court order of the Juvenile Court.
- 5. For the taking in of a minor and his stay at a certain address as referred to in Article 29b, first paragraph, or Article 29c, first paragraph, of the Youth Care Act, no authorisation as meant in paragraph 1 of the present Article is required, but an authorisation as referred to in the before mentioned provisions of the Youth Care Act. For the purpose of Articles 1:258 paragraph 3, 1:268 paragraph 2, 1:269 paragraph 1, under point (d), and 1:327 paragraph 1, this last authorisation may then be regarded as an authorisation as meant in paragraph 1 of the present Article.


Article 1:262 Duration of an authorisation for a placement away from home
- 1. The Juvenile Court may grant an authorisation for a placement away from home for a maximum period of twelve months. At the request of the Foundation meant in Article 1, under point (f), of the Youth Care Act, or of the Child Protection Board this period may at each occasion be extended by a maximum of twelve months [until the child reaches age eighteen].
- 2. If the Foundation meant in Article 1, under point (f), of the Youth Care Act does not proceed to filing a request for an extension as referred to in the previous paragraph, then it will notify this as soon as possible to the Child Protection Board, on submission of a report on the developments of the placement in care.
- 3. An authorisation expires if the placement away from home has not been carried out within three months after the authorisation was granted.


Article 1:263 Ending of a placement away from home
- 1. A placement away from home may be ended by the Foundation meant in Article 1, under point (f), of the Youth Care Act. The Foundation shall notify the Child Protection Board as soon as possible of such an ending, on submission of a report on the developments of the placement in care.
- 2. A parent with authority over the minor, another person who cares for and raises the child as if it was a member of his family or the minor himself if he has reached the age of twelve years may, on the ground of a change of circumstances, request the Foundation meant in Article 1, under point (f), of the Youth Care Act:
a. to end the placement away from home;
b. to shorten its duration;
c. to renounce the execution of an authorised change of the minorís stay. A change of the minorís stay includes the placement of the minor with the parent who has authority over him.
- 3. The Foundation meant in Article 1, under point (f), of the Youth Care Act shall give a written decision within two weeks after it has received a request as meant in paragraph 2.
- 4. At the request of one of the persons mentioned in paragraph 2, the Juvenile Court may cancel its earlier given authorisation or shorten its duration. Articles 1:259 paragraph 1, second sentence, and paragraph 3 and 4, and 1: 260 paragraph shall apply accordingly.


Article 1:263a Restrictions in the contacts between the child and its parent during a placement away from home
- 1. To the extent necessary in view of the purpose of the childís placement away from home, as authorised on the basis of Article 1: 261, the Foundation meant in Article 1, under point (f), of the Youth Care Act may during the placement away from home restrict the contacts between the child and the parent who has authority over him.
- 2. Such a decision of the Foundation meant in Article 1, under point (f), of the Youth Care Act is considered to be an instruction in the meaning of Article 1:258. Articles 1:259 and 1:260 shall apply accordingly, on the understanding that the Juvenile Court may order such arrangements as it regards necessary in the best interests of the child.


Article 1:263b Changing an arrangement for parental access
- 1. For the duration of the placement away from home, the Juvenile Court may, upon the request of the Foundation meant in Article 1, under point (f), of the Youth Care Act, change an earlier given court order in which an arrangement for the effectuation of a right of contact [right of access] between the parent and his child has been established, insofar such a change is necessary in view of the purpose of the childís placement away from home.
- 2. Upon the request of the parent with authority, a person who may invoke a right of contact [right of access], the minor himself if he has reached the age of twelve years or of the Foundation meant in Article 1, under point (f), of the Youth Care Act, the Juvenile Court may change a decision taken on the basis of the previous paragraph on the ground that the circumstances have changed afterwards or that this decision was taken on incorrect or incomplete information.
- 3. An arrangement that has been established by virtue of the present Article shall, after the ending of the custodial control, be considered as an arrangement meant in Article 1:377a or 1:377f.


Article 1:264 Necessary medical treatment of the minor
When a minor, who as not yet reached the age of twelve years, is in need of medical treatment in order to prevent a serious danger to his health, but the parent who exercises authority over him, refuses to give his consent thereto, then the Juvenile Court may replace this consent, upon the request of the Foundation meant in Article 1, under point (f), of the Youth Care Act, by an authorisation of the court.


Article 1:265 Procedural rules
- 1. Requests filed upon the basis of Article 1:254 paragraph 5 or Articles 1:256 up to and including 1:264 must be in writing. As far as such requests are addressed to the Juvenile Court, they may be filed without the assistance of a solicitor.
- 2. Where the Foundation meant in Article 1, under point (f), of the Youth Care Act, has filed a request or has been called to appear in court, it shall send a plan of action as specified in Article 13, third paragraph, of the Youth Care Act, and a report of the developments of the custodial control to the Juvenile Court at the moment that hen the Foundation files the request or immediately after it has been called to court, respectively.
- 3. The plan and the report referred to in paragraph 2 shall be sent as well to the Child Protection Board.
- 4. The request which the Foundation meant in Article 1, under point (f), of the Youth Care Act in the performance of its duties addresses to court, may be filed without assistance of a solicitor and shall be taken into consideration free of charge; first authentic copies, true copies and extracts, requested for this purpose by the Foundation, shall be handed over free of any charge by the clerks of the courts.



Section 1.14.5 Removal and deprivation of parental authority


Article 1:266 Grounds for a removal of parental authority
Provided that this is not contradictory to the interests of the children, the District Court may remove a parent from the right to exercise authority over one or more of his children on the ground that this parent is unfit or unable to comply with his duty to care for and raise his children.


Article 1:267 Persons who may request for a removal of parental authority
- 1. A removal of parental authority may be ordered only upon the request of the Child Protection Board or of the Public Prosecution Service.
- 2. If the Juvenile Court, in a situation as referred to in Article 1:268 paragraph 2, under point (d), has rejected a request from the parents for a permission to change the stay of their child, then a removal of parental authority may be requested also by the person who, at the moment on which his request was filed, has cared for and raised the child for at least one year. Where two or more persons are caring for and raising the child, such a request can be filed only by these persons jointly. When a request for a removal of parental authority has been filed, Article 1:253s paragraph 2 shall remain inapplicable until the court has taken a final and binding decision on this request.


Article 1:268 Voluntary or forced removal of parental authority
- 1. A removal of parental authority cannot be ordered if the parent objects to it.
- 2. An exemption to the preceding paragraph, however, exists:
a. if, after a custodial control of at least six months, it has become clear that this measure is insufficient to avert a threat as meant in Article 1:254 because of the incapability or incapacity of the parent to comply with his duty to care for and raise his child; the same applies if, after the minor has been placed away from home pursuant to Article 1:261 for more than one and a half year, there is still a well-substantiated ground to fear that this measure is insufficient to avert the before mentioned threat because of the incapability or incapacity of the parent to comply with his duty to care for and raise his child;
b. if without a removal of one of the parents from parental authority, a deprivation of parental authority from the other parent would not have the effect that the children are able to escape from the influence of the latter parent;
c. if the mental abilities of the parent are disturbed in such a way that he is not able to determine his own will or to understand the significance of his statements;
d. if the child for at least one year, with the consent of his parent, has been cared for and raised in a different family than the parental, and this for another reason than a placement away from home or the institution of an interim custodial control, and a continuation of this situation is necessary, whereas in case of a return of the child to its parent an infliction of serious harm to the child has to be feared.


Article 1:269 Grounds for a deprivation of parental authority
- 1. If the District Court thinks this is necessary in the best interests of the children, it may deprive a parent from the right to exercise authority over one or more of his children, on the ground of:
a. abuse of parental authority or a gross neglect in the care and upbringing of one or more children;
b. poor lifestyle;
c. an irrevocable conviction:
1į. for wilfully participating in a crime with a minor who is under his authority;
2į. for committing one of the criminal offences, described in Titles XIII-XV and XVIII-XX of the Second Book of the Penal Code, against the minor who is under his authority;
3į. to an imprisonment of two years or longer;
d. a serious disregard of the instructions of the Foundation meant in Article 1, under point (f), of the Youth Care Act or obstructing the minorís placement in care away from home under Article 1:261;
e. the existence of well-substantiated grounds to fear that the interests of the child will be neglected when the parent claims the child back or takes it back from other persons who have taken on the task of caring for and raising the child.
- 2. For the purpose of this Article a Ďcriminal offenceí includes acting as an accomplice in a criminal offence as well as the attempt to commit a criminal offence.


Article 1:270 Persons entitled to request for a deprivation of parental authority
- 1. A deprivation of parental authority can be ordered only upon the request of the other parent, one of the minorís blood relative or an in-laws up to and including the fourth degree, the Child Protection Board or the Public Prosecution Service.
- 2. In the situation referred to in the previous Article, paragraph 1, under point (e), a deprivation of parental authority may be requested also by the person who has taken on the task of caring for and raising the child.


Article 1:271 Suspension of parental authority and the institution of an interim guardianship
- 1. If a deprivation of parental authority has been requested with regard to one of the parents, the District Court may, pending the investigation, suspend that parent in full or in part from exercising parental authority over one or more of his children, provided that this is urgently and immediately necessary. The District Court has the same power where it concerns a parent with regard to whom a deprivation of parental authority has been requested in a situation as meant in Article 1:268 paragraph 2.
- 2. If the other parent also exercises authority [under a joint authority], then he shall exercise it exclusively during the time of suspension as referred to in the precious paragraph.
- 3. Where, in a situation as meant in paragraph 2, the District Court thinks that a suspension of the parent with regard to whom a deprivation of parental authority has been requested, shall not have the effect that the children are able to escape from the influence of that parent, the court may also suspend the other parent from exercising authority.
- 4. Where the suspension concerns both parents or the parent who exclusively exercised authority over the child, the District Court shall charge a Foundation as meant in Article 1, under point (f), of the Youth Care Act with an interim guardianship over the child. In that event the District Court shall define the powers of the Foundation over the person of the child and its property.
- 5. The court orders meant in the present Article shall be effective until the decision on the removal or deprivation of parental authority has become final and binding. Nevertheless, the District Court may revoke such court orders at an earlier time.


Article 1:271a Custodial control instead of suspension and interim guardianship
Instead of the suspension of both parents or the parent who exclusively exercises authority over the child and the institution of an interim guardianship as referred to in Article 1:271, the District Court may also place the child under custodial control as meant in Article 1:254


Article 1:272 Urgently required measures
- 1. If this is urgently and immediately necessary on account of facts which could lead as well to a removal or deprivation of parental authority as meant in Article 1:268 paragraph 2, the Juvenile Court may suspend the parents in full or in part from exercising authority over their child and charge a Foundation as meant in Article 1, under point (f), of the Youth Care Act with an interim guardianship over the child.
- 2. The Juvenile Court may only give such an order upon the request of the Child Protection Board or the Public Prosecution Service. In that event it shall define the powers of the Foundation over child as a person and over the childís property as well as the duration of the provisional measure.
- 3. A provisional measure as meant in the previous paragraphs shall automatically lose its effect when six weeks have passed since the day on which the Juvenile Court has given its relevant court order, unless a request for a removal or deprivation of parental authority has been filed before the end of this period. The Juvenile Court may extend this period to a maximum term of twelve weeks, but only on the ground that this is necessary to ensure that the request meant in the first sentence shall meet all requirements of Article 278 of the Code of Civil Procedure. When a request for a removal or deprivation of parental authority has been filed before the end of the relevant period, the provisional measure shall continue to be effective until a final and binding decision has been taken on the request, unless the Juvenile Court has indicated that the provisional measure shall lose its effect at an earlier moment.
- 4. A provisional measure as meant in the present Article may be revoked or changed by the Juvenile Court which has ordered it, unless a request as referred to in paragraph 3 has been filed, in which event the court before which this request is pending, shall have jurisdiction to revoke or change the provisional measure.


Article 1:272a Custodial control instead of a removal or deprivation of parental authority
When the District Court denies the request for a removal or deprivation of parental authority, it may place the minor under custodial control as referred to in Article 1:254.


Article 1:273 [repealed on 01.05.1995]


Article 1:274 Only one of the parents is removed or deprived from parental authority
- 1. If the parents jointly exercise authority over their child and one of them has been removed or deprived from the right to exercise that authority, then the other parent shall as of then exclusively exercise authority over the child.
- 2. In the event of a removal or deprivation of authority from a parent who exercised this authority alone, the other parent may at all times request the District Court to be entrusted with authority over the child. Such a request may be rejected only if there are well-substantiated grounds to fear that the interests of the child would be neglected if the request would be awarded.
- 3. The District Court that has denied a request as meant in the previous paragraph, may at all times change this decision. It may, however, only make such a change upon the request of an involved parent and only on the ground that the court was unaware of the existence of certain circumstances so that it was not able to take these circumstances into consideration when it made its decision.


Article 1:275 No authority exercised by parents; appointment of a guardian
- 1. If one of the parents has been removed or deprived from parental authority and the other parent does not, as of then, exclusively exercises authority over the child or children, then the District Court shall appoint a guardian for the minor children of these parents.
- 2. Every person who has the legal capacity to exercise guardianship over minors, may - during the period in which the case is pending - request the District Court to be appointed as legal guardian of the involved minor children.
- 3. In case of a deprivation of parental authority under application of Article 1:268 paragraph 2, under point (d), the District Court shall preferably appoint as guardian the person or persons who, at the moment on which the request was filed, has or have cared for and raised the child for at least one year, provided that this person or these persons has or have the legal capacity to exercise guardianship over minors.


Article 1:276 Administration of the childís property after a removal or deprivation of parental authority
- 1. Where the parent who has been removed or deprived from parental authority had a right of administration with regard to the property of his children, he will be ordered also to render account for this administration to the person who shall administer that property after him.
- 2. Where the children have a share in jointly owned assets, but they are placed under authority of different persons, the District Court may charge one of these persons or a third party with the administration of these assets up until the division of that joint property. The appointed legal administrator shall meet all requirements set by court.
- 3. Article 1:253k applies to the administration of property referred to in the previous paragraph if one of the parents has been appointed as legal administrator; in other situations the statutory provisions of Subsection 10 of Section 6 of the present Title (1.14.6.10) shall be applicable. The legal administrator has the power, to the exclusion of all other persons, to nullify voidable juridical acts performed by or with minor co-proprietors purporting to administer or dispose of assets which are placed under administration.


Article 1:277 Restoration of parental authority
- 1. If the District Court is convinced that the minor may be entrusted again to the parent who had been removed or deprived from parental authority, then it may, upon the request of that parent, restore his parental authority over the child. If parents who are not married to each other jointly want to exercise authority over their child, then they may file a joint request for this purpose.
- 2. Where, at the occasion of the removal or deprivation of parental authority from one of the parents, the other parent has been entrusted with authority over the child, the District Court shall not restore the authority of the parent who has been removed or deprived from it, if a request therefore was made solely by this parent, unless there has been a change of circumstances since the court order in which the other parent was entrusted with authority or this court order was given on incorrect or incomplete information. Article 1:253rd shall apply accordingly.


Article 1:278 Request for a restoration of parental authority; probationary period
- 1. A request as meant in Article 1:277 may be filed also by the Child Protection Board.
- 2. Pending the investigation, both, the Child Protection Board and the parent whose parental authority is to be restored, may request the District Court to postpone its decision in expectation of the results of a probationary period of at the most six months; during this period the child will stay at the parent whose parental authority is to be restored. The District Court may at all times end the probationary period.


Section 1.14.6 Guardianship of minors


Subsection 1.14.6.1 Guardianship of minors in general


Article 1:279 [repealed on 02-11-1995]


Article 1:280 Start of guardianship
A guardianship over a minor starts:
a. for a guardian who is appointed by a parent: at the moment on which this guardian, after that parent has died, declares that he is willing to accept the assigned guardianship. The declaration must be made either in person by the to be appointed guardian himself or by a representative specifically appointed by him for that purpose; the declaration has to be made before the clerk of the District Court having jurisdiction over matters related to minors pursuant to Subsection 1, Section 1 of Book 1 of the Code of Civil Procedure. The declaration must be given within fourteen days, or - if the person who must make this declaration remains outside the Netherlands - within two months after the appointment as guardian has been served on the person who has been appointed as such. Any interested person as well as the Child Protection Board may order a bailiff to serve the appointment on the person who has been appointed by the deceased parent as guardian.
b. for a guardian who - after he has declared that he is willing to accept the assigned guardianship - has been appointed by the court: on the day on which the court order of appointment has become final and binding or Ė if this court order has been made enforceable with immediate effect Ė on the day following the one on which the court order of appointment has been handed over or sent out to the person appointed as guardian. A verbal declaration of willingness of the to be appointed guardian is made before the District Court that shall appoint him as guardian; a written declaration of willingness of the to be appointed guardian is submitted to the clerk of the District Court where the appointment will take place.


Article 1:281 End of guardianship
- 1. A guardianship of a minor ends on the day on which a court order has become final and binding in which:
a. the guardian has been discharged of or removed from his position as guardian;
b. the authority over the minor, placed under guardianship, has been appointed to one or both of his parents; or
c. the guardianship of this minor has been appointed to another guardian pursuant to Article 1:299a.
- 2. Where a court order as referred to in paragraph 1 has been made enforceable with immediate effect, the guardianship ends the day following the one on which this court order has been handed over or sent out to the involved guardian.


Article 1:282 Joint guardianship
- 1. Upon a joint request of the guardian and another person who is closely connected with the child, the court may order that guardianship is to be exercised by them jointly.
- 2. For the duration of a joint guardianship both persons meant in paragraph 1 are regarded as guardian of the child.
- 3. The request shall be rejected if there are well-substantiated grounds to fear that the interests of the child would be neglected if the request would be honoured.
- 4. A joint guardianship is not possible where it concerns an interim guardianship as meant in Articles 1:296 and 1:297. It is never open for legal persons.
- 5. Article 1:253a applies accordingly in the event of a dispute between the joint guardians.
- 6. Two guardians who jointly exercise guardianship each have, in derogation from Article 1:336, the duty and the right to care for the minor and to raise him. As long as the joint guardianship is effective, Article 1:253w applies accordingly with respect to each of the guardians.
- 7. A request as referred to in paragraph 1 may be accompanied by a request to change the childís surname in the surname of one of the guardians. Such a request shall be rejected if:
a. the child has reached the age of twelve years and has not agreed with this request on the occasion of its hearing;
b. the request for a joint guardianship has been rejected; or
c. honouring the request would be contrary to the interests of the child.


Article 1:282a End of a joint guardianship
A joint guardianship ends on the day on which a court order has become final and binding in which the joint exercise of guardianship has been ended or in which the guardianship itself has ended by virtue of Article 1:281; a joint guardianship ends also on the day that one of the guardians dies.


Article 1:282b Death of one of the joint guardians
When two guardians jointly exercise guardianship and one of them dies, the other guardian will as of then solely exercise guardianship over the minor.


Article 1:283 Requests of a Youth Care Act Foundation
The requests concerning the exercise of guardianship, addressed to the court by a Foundation as meant in Article 1, under point (f) of the Youth Care Act, or by the legal person meant in Article 1:302 paragraph 2, may be submitted without the involvement of a solicitor and will be taken into consideration free of charge. Authentic copies, true copies and extracts, requested by such a Foundation or legal person for this purpose, are distributed free of charge by the courtís clerk.


Article 1:284 [repealed on 02-11-1995]


Article 1:285 [repealed on 02-11-1995]


Article 1:286 [repealed on 02-11-1995]


Article 1:287 [repealed on 02-11-1995]


Article 1:288 [repealed on 02-11-1995]


Article 1:289 [repealed on 02-11-1995]


Article 1:290 [repealed on 02-11-1995]


Article 1:291 [ [repealed on 02-11-1995]


Article 1:291a [repealed on 15-12-1995]


Subsection 1.14.6.2 Authority over a child delegated by one of the parents to a third person


Article 1:292 Guardianship of a minor delegated by last will
- 1. A parent is able to determine in his last will which person or which two persons after his death will exercise, as of then, authority over his children as their guardian or joint guardians.
- 2. This parent is, however, not able to appoint a legal person as guardian.
- 3. Where both parents have made use of this available right and they both pass away without the possibility to assess who of them has died first, the District Court shall determine of its own motion whose last will is to be effected in this respect.


Article 1:293 Delegation of guardianship of a minor by last will without legal effect
The establishment of guardianship over a minor by a parent in his last will shall have no legal effect or shall lose its effect:
a. if, after his death, the other parent exercises authority over this child by operation of law or by virtue of a court order;
b. if and as far as he does not have authority over the involved child at the moment of his death;
c. if another person, who jointly with the deceased parent had exercised authority over the involved child, becomes the guardian of that child by operation of law.


Article 1:294 [repealed on 02-11-1995]


Subsection 1.14.6.3 Guardianship of a minor established by court order


Article 1:295 Jurisdiction of the District Court to appoint a guardian
The District Court appoints a guardian for all minors not subject to parental authority and for whom no guardianship has been established in accordance with the law.


Article 1:296 Temporary guardianship in expectation of the establishment of a guardianship
- 1. Where a provision is necessary in expectation of a guardianship to be established on the basis of Article 1:280, the District Court will appoint a temporary guardian for the duration of this situation.
- 2. As soon as the situation referred to in paragraph 1 has come to an end, the temporary guardian will be discharged by the District Court upon the request of the person for whom he has been a temporary substitute.


Article 1:297 Temporary guardianship in order to replace an appointed guardian
- 1. The District Court will equally appoint a temporary guardian when a provision is needed because:
a. the actual guardian is in a position in which it is temporarily impossible for him to exercise authority; or
b. the existence or whereabouts of the actual guardian are unknown; or
c. the actual guardian is in default of exercising authority over the minor.
- 2. Where the appointment of a temporary guardian is based on paragraph 1, under point (c), the District Court may grant this temporary guardian a right to remuneration and make the actual guardian who is in default liable towards the minor for the costs caused by the substitution and for the acts performed by the temporary guardian, without prejudice to the right of the minor to take recourse for the results of these acts against the temporary guardian himself.
- 3. As soon as the situation mentioned in paragraph 1 has come to an end, the appointed temporary guardian will be discharged by the District Court upon his own request or upon the request of the person for whom he is a temporary substitute, unless there are well-substantiated grounds to fear that the interests of the child would be neglected if the request would be honoured.
- 4. If, in the event of a joint guardianship, a situation as meant in paragraph 1 appears to exist with regard to one of the guardians, then the other guardian will as of then solely exercise guardianship over the child. As soon as this situation has come to an end, the joint guardianship shall take effect again. Paragraph 2 is not applicable to such a situation.


Article 1:298 Suspension to exercise actual guardianship
During a temporary guardianship as referred to in the two previous Articles, the actual guardian will be suspended from exercising guardianship.


Article 1:299 Applicants who may request for the establishment of a guardianship
The District Court appoints a guardian at the request of one of the minorís blood relatives or in-laws, of the Child Protection Board, of the creditors or of other interested parties or of its own motion, except where it concerns a situation as meant in Article 1:282a.


Article 1:299a Foster parents requesting for guardianship
- 1. A person who, with approval of the actual guardian, has cared for and raised the minor for at least one year as if he belonged to his family, other than on account of a custodial control remedy or an interim guardianship, may request the Juvenile Court to appoint him or a legal person as referred to in Article 1:302 as guardian.
- 2. Where two or more persons have cared for and raised the minor as if he belonged to their family, the request meant in paragraph 1 has to be filed by these persons jointly.
- 3. A request as meant in paragraph 1 may be filed as well by the Child Protection Board.
- 4. The Juvenile Court shall only honour the request if it thinks this is in the best interests of the minor and if it has become adequately convinced that the actual guardian has no intention to give up his position voluntarily. In that event the Juvenile Court will appoint by prefer the person whose appointment as guardian has been requested, provided he has the legal capacity to exercise guardianship over minors.
- 5. Where a request as meant in paragraph 1 has been filed, Article 1:336a paragraph 2 shall remain inapplicable until the courtís decision on this request has become final and binding.
- 6. In the event of a joint guardianship the approval referred to in paragraph 1 must be given by both guardians.


Article 1:300 [repealed on 01-05-1984]


Article 1:301 Providing information by the Registrar of Civil Status to the District Court
-
1.
The Registrar of Civil Status must inform the District Court without delay of:
a. the death of any person who leaves behind one or more children under age;
b. the report of a birth of any child over whom the mother does not exercise authority by operation of law.
- 2. Where the marriage of a deceased person, who leaves behind one or more children under age, was already dissolved in accordance with the law or where a deceased person, who leaves behind one or more children under age, was legally separated from his spouse, the Registrar of Civil Status shall, as far as the other parent is still alive, report this as well to the District Court. The District Court sends the received report to the District Court that has ruled on the application for a dissolution of the marriage or for a legal separation.


Subsection 1.14.6.4 Guardianship by legal persons


Article 1:302 Delegation of guardianship of a minor to a legal person
- 1. The court may delegate guardianship of a minor to a Foundation as meant in Article 1, under point (f) of the Youth Care Act.
- 2. Where it concerns a guardianship over a minor with regard to whom an application for the issuance of a residence permit for a fixed period has been filed as referred to in Article 28 of the Aliens Act 2000 and who remains for this purpose in the Netherlands or where it concerns a guardianship over a minor belonging to one of the categories of other minors pointed out for this purpose by the Minister of Justice, the court may, without prejudice to its competence to appoint a natural person as guardian, only delegate guardianship to one of the legal persons who are acknowledged by the Minister of Justice as an institution for this purpose.
- 3. The Minister of Justice may issue additional conditions or regulations for an acknowledgement as referred to in paragraph 1 and acknowledge a legal person merely for a preset period.
- 4. Articles 1:303, 1:304, 1:305 and 1:328 apply accordingly to a legal person meant in paragraph 2.


Article 1:303 Powers and duties of a legal person exercising guardianship over minors
As far as the law does not indicate otherwise, a Foundation as meant in Article 1, under point (f), of the Youth Care Act that has been charged with guardianship over a minor has the same powers and duties as any other guardian of a minor.


Article 1:304 Liability of the members of the Board of Directors of the Foundation
- 1. Next and in addition to a Foundation as meant in Article 1, under point (f), of the Youth Care Act, its Directors are separately joint and several liable for every damage caused as a result of an inadequate performance of guardianship by the Foundation.
- 2. Each Director, however, is able to release himself from liability by proving that he is not to blame for the damage caused.


Article 1:305 Care proceedings (placement of minors away from home)
- 1. The Foundation meant in Article 1, under point (f), of the Youth Care Act, that places minors confined to its trust away from their homes, informs the Child Protection Board in writing of the locations where these minors are staying.
- 2. The locations where a Foundation as meant in Article 1, under point (f), of Youth Care Act, has placed minors in care shall be visited by the Child Protection Board as often as it considers this to be required in order to assess the condition of the minors.
- 3. Articles 1:261 paragraph 5, 1:262 paragraph 2 and 3, 1:263 paragraph 1, first sentence, and paragraph 4, first sentence, and 1:265 paragraph 1 apply accordingly. Article 3, fourth paragraph, of the Youth Care Act applies accordingly as well.


Article 1:306 Placing a minor in care at a location outside the Netherlands
-
1.
Without authorisation of the District Court a Foundation as meant in Article 1, under point (f), of the Youth Care Act, may not place a minor confined to its trust in care at a location outside the Netherlands.
- 2. The court shall only grant its authorisation if it thinks that a placement in care at a location outside the Netherlands is in the best interests of the minor.


Article 1:306a Interim guardianship
Section 6 of this Title (1.14) does not apply to an interim guardianship as meant in Articles 1:241, 1:271, 1:272, 1:331 and 1:332.


Article 1:307 [repealed on 02-11-1995]


Article 1:308 [repealed on 02-11-1995]


Article 1:309 [repealed on 02-11-1995]


Article 1:310 [repealed on 02-11-1995]


Article 1:311 [repealed on 02-11-1995]


Article 1:312 [repealed on 02-11-1995]


Article 1:313 [repealed on 02-11-1995]


Article 1:314 [repealed on 02-11-1995]


Article 1:315 [repealed on 02-11-1995]


Article 1:316 [repealed on 02-11-1995]


Article 1:317 [repealed on 02-11-1995]


Article 1:318 [repealed on 02-11-1995]


Article 1:319 [repealed on 02-11-1995]


Subsection 1.14.6.5 Discharge of guardianship


Article 1:320 [repealed on 01-01-1985]


Article 1:321 [repealed on 01-01-1985]


Article 1:322 Grounds for discharge
- 1. Every guardian may have himself discharged from his position as guardian, if:
a. he shows that he is no longer able to fulfil this position as a result of a mental or physical disorder arisen after his appointment as guardian;
b. he has reached the age of 65 years, or;
c. a person, who is competent to this end, has declared in writing to be willing to take over the guardianship and the District Courts considers this to be in the best interests of the minor.
- 2. Paragraph 1 only applies to a joint guardianship if both guardians want to have themselves discharged from their position as guardian.


Article 1:323 End of a joint guardianship because of a discharge
The court may end a joint guardianship upon a request of both guardians or of one of them. In that event the court will decide who of both guardians as of then shall exclusively have authority over the minor.


Subsection 1.14.6.6 Legal incapacity to exercise guardianship over minors


Article 1:324 Discharge of a guardian due to legal incapacity to act as such
- 1. When a guardian on the basis of one of the grounds mentioned in Article 1:246 does not have the legal capacity to exercise guardianship over minors, the District Court will discharge him and replace him with another guardian.
- 2. The District Court shall give such a ruling upon the request of the guardian himself, one of the minorís blood relatives or in-laws, the Child Protection Board, the creditors or the other interested parties, or of its own motion.
- 3. If, in the event of a joint guardianship, one of the grounds meant in paragraph 1 applies to one of the guardians, then the other guardian will solely continue to exercise authority over the minor.
- 4. As soon as the ground for the legal incapacity has come to an end, the joint guardianship shall take effect again.


Article 1:325 [repealed on 02-11-1995]


Subsection 1.14.6.7 Custodial control over a minor who is placed under guardianship


Article 1:326 Custodial control over a minor under the guardianship of a guardian
- 1. Children who are placed under guardianship of a natural person, can be placed under custodial control.
- 2. Articles 1:254 up to and including 1:265 apply accordingly to such a custodial control, on the understanding that this custodial control and its continuation may be requested as well by the guardian of the minor.


Subsection 1.14.6.8 Removal of guardianship


Article 1:327 Grounds for a removal of guardianship
- 1. If the District Court thinks this is necessary in the best interests of the involved minor, it may remove a guardian from exercising guardianship over one or more children on account of:
a. a poor lifestyle;
b. abuse of powers, neglect of duties or the fact that he is unable to exercise his guardianship properly;
c. the fact that, on the basis of one of the two before mentioned grounds, he has been removed from another guardianship or deprived from parental authority;
d. the fact that he has been declared bankrupt or that he is falling under the Debt Repayment Scheme for Natural Persons;
e. the fact that he or one of his parents, his spouse or his child is prosecuting a legal action against the minor who is under his guardianship, which legal claim involves the minorís legal capacity to perform juridical acts or a considerable part of the minorís property;
f. an irrevocable conviction:
1į. for wilfully participating in a crime with a minor who is under his authority;
2į. for committing one of the criminal offences, defined in Chapters XIII-XV and XVIII-XX of Book 2 of the Penal Code, against the minor who is under his authority;
3į. to an imprisonment of two years or longer;
g. a serious disregard of the instructions of a Foundation as meant in Article 1, under point (f), of the Youth Care Act or obstructing the minorís placement in care away from home under Article 1:261;
h. the existence of well-substantiated grounds to fear that the interests of a minor under his authority will be neglected when he claims the minor back or takes him back from other persons who have taken on the task of caring for and raising the minor;
i. the fact that he does not have a principle authorisation as required under Article 2 of the Act concerning the Placement in the Netherlands of Foreign Children with a view to Adoption.
- 2. For the purpose of this Article a criminal offence includes acting as an accomplice to a criminal offence as well as an attempt to commit a criminal offence.


Article 1:328 Removal from guardianship of a Foundation in the meaning of the Youth Care Act
A Foundation as meant in Article 1, under point (f), of the Youth Care Act, can only be removed from guardianship on one of the grounds mentioned in Article 1:327 paragraph 1, under point (b) and (c). Its removal may, however, take place also if it neglects to inform the Child Protection Board in accordance with Article 1:305 of the locations where minors, who are confided to its trust, are staying or if it obstructs or impedes the Child Protection Board in exercising supervision.


Article 1:329 Rules of procedural law
- 1. A removal from guardianship can be ordered only upon the request of a guardian, one of the minorís blood relatives or in-laws up to and including the fourth degree, the Child Protection Board or the Public Prosecution Service.
- 2. In the situation meant in Article 1:327 paragraph 1, under point (h), a removal from guardianship may be ordered also upon the request of the person who has cared for and raised the minor.
- 3. In the situation meant in Article 1:367 the District Court may order the removal from guardianship even if the Child Protection Board has not made a request for doing so.


Article 1:330 [repealed on 02-11-1995]


Article 1:331 Interim guardianship during proceedings to remove a guardian from exercising guardianship
- 1. When this is urgently and at once necessary, the District Court may, in expectation of the results of its investigation, suspend a guardian whose removal is requested, from exercising guardianship over one or more minors, either completely or partially.
- 2. Where, in the event of a joint guardianship, the District Court believes that a suspension of the guardian whose removal is requested, is not sufficient enough to withdraw the minors from his sphere of influence, it may suspend the other guardian as well from exercising guardianship.
- 3. If, in the event of a joint guardianship, only one of the guardians is suspended, then the other guardian as of then shall exclusively exercise authority during the suspension.
- 4. In the instances referred to in paragraph 1 and 2, the District Court will entrust a Foundation as meant in Article 1, under point (f), of the Youth Care Act, with an interim guardianship over the minor. The District Court determines which powers are granted to such a Foundation with respect to the minor as a person and his property.
- 5. A court order as meant in this Article remains effective until the judicial decision on the request for a removal of guardianship has become final and binding. The District Court, however, may revoke such a court order at an earlier date.


Article 1:331a Placement under custodial control instead of a suspension of the guardian and an interim guardianship
Instead of suspending the guardian from exercising guardianship and establishing an interim guardianship pursuant to Article 1:331, the District Court may also place the minor under custodial control in the sense of Article 1:254.


Article 1:332 Suspension and interim guardianship
When this is urgently and at once necessary, the Juvenile Court may, on the basis of facts which cloud also lead to a removal from guardianship, suspend the guardian or guardians completely or partially from exercising authority over a minor and entrust a Foundation as meant in Article 1, under point (f), of the Youth Care Act, with an interim guardianship over this minor. Article 1:272 paragraph 2, 3 and 4 apply accordingly.


Article 1:332a Custodial control after a request for removal of guardianship has been denied.
The District Court rejecting a request for a removal of guardianship may place the minor under custodial control as referred to in Article 1:254.


Article 1:333 [repealed on 01-05-1995]


Article 1:334 Legal effects of a removal from guardianship
- 1. If the District Court orders the removal from guardianship, it shall provide for another form of authority over the minor, except where it concerns a situation of joint guardianship as provided for by paragraph 3 of the present Article.
- 2. Every person who has the legal capacity to exercise authority over minors, may - during the period in which the case is pending - request the District Court in writing to be entrusted with authority over the involved minor.
- 3. Where, in the event of a joint guardianship, only one of the guardians has been removed from guardianship, the other guardian will as of then exclusively exercise guardianship.


Article 1:335 No re-establishment of removed guardianship
A person removed from exercising guardianship over a specific minor, cannot again be appointed as guardian of that minor.


Subsection 1.14.6.9 Supervision by the guardian over the minor as a person


Article 1:336 Duty of the guardian
The guardian ensures that the minor is cared for and raised in accordance with the minorís financial capital and property.


Article 1:336a Rights of foster parents
- 1. If the minor, with approval of his guardian, has been cared for and raised by another person or by other persons as if he was a member of this other personís family for at least one year, then the guardian is not able to chance the minorís stay without the consent of those who have cared for and raised the minor.
- 2. As far as the consent of the other person or persons, required pursuant to the previous paragraph, is not obtained, the guardian may request the District Court to grant a substitute authorisation. This request shall be awarded only if the District Court considers this to be in the best interests of the minor.
- 3. In the event of a rejection of the guardianís request, the court order shall remain effective for a period to be determined by the District Court, but not longer than six months. If, however, before the end of this period a request is pending to place the child under custodial control or to remove the guardian from exercising guardianship or if a request is pending to be appointed as guardian pursuant to Article 1:299a, then the court order shall remain effective until the judicial decision on this request has become final and binding.
- 4. In the event of a joint guardianship the approval meant in paragraph 1 must be given by both guardians.


Subsection 1.14.6.10 Administration of the minorís property by the guardian


Article 1:337 Representation of the minor and administration of his property
- 1. In performing juridical acts on the field of civil law the guardian represents the minor.
- 2. The guardian must administer the property of the minor as a good and prudent guardian. In the event of poor administration the guardian is liable towards the minor for damage caused as a result.
- 3. Where assets, donated or bequeathed to the minor, are placed by the donor or testator under a protective administration of another administrator, the guardian has the right to demand that this administrator renders account for his administration of that part of the minorís property. When this other administration ends, the involved assets shall automatically fall under the administration of the guardian.


Article 1:337a Subsections 10 and 11 apply accordingly to a joint guardianship
- 1. In the event of a joint guardianship the rights and powers which a guardian derives from Subsection 10 and 11 of the present Title, are exercised by both guardians jointly, on the understanding that these rights and powers may be exercised by one guardian separately unless the other guardian appears to have objections against this.
- 2. Each of the guardians is bound by the duties meant in Subsection 10 and 11 of the present Title.


Article 1:338 Taking inventory
- 1. The guardian ensures that the property of the minor, as present at the start of his guardianship, is inventoried as soon as possible.
- 2. Within eight weeks from the start of his guardianship the guardian submits a written report to the Registry of the District Court in whose district the domicile of the minor is located, indicating all money coins and banknotes, all shares and other negotiable instruments to bearer and all saving accounts books that are available on hand at the start of the guardianship.
- 3. Within eight months from the start of his guardianship the guardian hands in a written inventory of all assets and debts of the minor at the Registry of the District Court in whose district the domicile of the minor is located; this inventory must be signed by the guardian in person as a way to confirm its reliability.
- 4. The written inventory must include a report of all changes in the property of the minor between the start of the guardianship and the moment on which the written inventory was made.


Article 1:339 Declaration instead of a written inventory
- 1. When the value of the minorís property does not exceed an amount of Ä 11,250, the guardian may, instead of a written inventory as meant in the previous Article, submit a signed declaration, drawn up in accordance with a concept issued for this purpose by the Minister of Justice, in which he states that the value of the property of the minor is less than the before mentioned amount. A guardian exercising guardianship over two or more children of the same parents may only confine himself to such a declaration when the combined value of the properties of these minors does not exceed an amount of Ä 22,500.
- 2. The Subdistrict Court may at all times order that a written inventory of the minorís property, as present on the day of its court order, has to be made in accordance with the provisions of the previous Article.


Article 1:340 Lengthening of the period within which a written inventory or declaration must be submitted
- 1. Where this appears to be necessary, the Subdistrict Court may set a longer period within which a written inventory or declaration as meant in the previous Article has to be submitted.
- 2. If no written inventory or declaration as meant in the previous Article has been submitted within the period set for this purpose, then the Subdistrict Court shall, within ten days after the end of that period, summon the guardian to be heard.


Article 1:341 Claims of the guardian against the minor
- 1. In the written inventory or declaration meant in Article 1:339, the guardian must report what he may claim himself from the minor. In the absence of such a report, the guardian is not able to enforce performance of his claim up until the moment that the minor has reached the age of legal majority.
- 2. As long as the guardian is not able to enforce performance of his claim, no interest is due over the principal sum of his claim.


Article 1:342 Duty to make an inventory when the minor later on acquires property
- 1. The four previous Articles apply accordingly when the minor, during the time that he is placed under guardianship, acquires property by virtue of a donation, an inheritance or a bequest.
- 2. Where a tax inspector, to whom a donation, inheritance or bequest must be reported for the levying of gift tax, inheritance tax or transfer tax, knows by virtue of his office that the minor has acquired property, he must give notice of this to the Subdistrict Court of the minorís domicile.


Article 1:343 Guardianís power to act on behalf of the minor
The guardian may, without prejudice to his liability for damages caused by poor administration, perform all acts for the minor which he considers to be necessary, useful or desirable in the interests of the minor, except where it concerns acts that are specifically regulated in the next Articles.


Article 1:344 Deposit of stock exchange securities of the minor
- 1. Insofar the Subdistrict Court has not ordered otherwise, the guardian deposits all stock exchange securities to bearer, belonging to the minor, in the custody of:
a. the Dutch Central Bank (ĎNederlandsche Bank N.V.í), or;
b. a credit institution which pursuant to the Financial Supervision Act is allowed to perform banking activities in the Netherlands.
- 2. The Subdistrict Court may give instructions for the way in which the minorís bank savings books, money coins and banknotes should be kept. The Subdistrict Court under whose approval a division of a community of property has been effected, may at this occasion also give instructions as meant in the previous sentence. The Subdistrict Court pointed out in Section 2 of Title 3 of Book 1 of the Code of Civil Procedure shall have jurisdiction over these matters.
- 3. Where stock exchange securities to bearer, bank savings books, money coins and banknotes belong jointly to the minor and to one or more other persons, the previous paragraphs only apply when the guardian is actually holding the relevant things or papers.


Article 1:345 Authorisation of the Subdistrict Court
-
1.
The guardian needs the authorisation of the Subdistrict Court to perform the following acts for account of the minor:
a. entering into agreements which necessarily implicate a transfer of assets of the minor or the encumbrance of such assets with a limited property right, unless these acts concern money or may be regarded as a normal administrative act or have to be performed by virtue of a court order;
b. making donations, other then usual, not excessive gifts;
c. accepting a bequest or a donation subject to obligations or conditions;
d. lend out money or commit the minor as a surety or a joint and several co-debtor;
e. agree that an estate, to which the minor is entitled, will be left undivided for a specific period of time.
- 2. The Subdistrict Court may order that the guardian needs its authorisation also to collect obligatory claims of the minor, including the disposition of balances at giro- or credit institutions as meant in Article 1:1 of the Financial Supervision Act.
- 3. The guardian does not need the authorisation of the Subdistrict Court to enter into an agreement that makes an end to a dispute in which the minor is involved if it concerns a case as referred to in Article 87 of the Code of Civil Procedure or if the object of uncertainty or of the dispute does not exceed a value of Ä 700 or if the agreement is to be considered as an administrative act.


Article 1:346 Approval of the Subdistrict Court when the guardian wants to buy or lease property of the minor
- 1. The guardian may not buy, rent or lease property or farm land that belongs to the minor unless the Subdistrict Court has in advance approved the agreement that will be concluded for this purpose between the guardian and the minor.
- 2. In the event that the guardian has obtained a right in property or farm land of the minor that was sold, rented out or leased out in public (on a trade or commodity market or by auction), the guardian must ask for the Subdistrict Courtís approval within one month after the conclusion of the related agreement.


Article 1:347 Nullification of a voidable juridical act
- 1. A juridical act performed in conflict with Article 1:345 or 1:346 by the guardian in the name of the minor is voidable; the ground of voidability may only be invoked on the part of the minor.
- 2. The previous paragraph does not apply to a juridical act which has not been performed gratuitously towards the counterparty of the minor, provided that this counterparty acted in good faith; the previous paragraph neither applies to a juridical act that has not caused any disadvantage for the minor.


Article 1:348 Acquiring outstanding claims against the minor or limited property rights on his property
- 1. The guardian may not acquire from a third party any outstanding claims against the minor, nor any limited property rights on assets of the minor, unless the Subdistrict Court has in advance approved the agreement to be concluded between the guardian and this third party.
- 2. When such an approval is missing, the agreement between the guardian and the third party is null and void.


Article 1:349 Guardianís right to act in court on behalf of the minor
- 1. Where a guardian, without authorisation of the Subdistrict Court, acts in court as plaintiff for the minor or where he appeals, without such authorisation, against a judicial decision on behalf of the minor, the legal claim shall be declared inadmissible (non-suit).
- 2. The guardian may not, without authorisation of the Subdistrict Court, acquiesce in
a legal claim filed against the minor, nor in a given judicial decision.
- 3. Before the guardian produces a defence in court for the minor or before he appeals on behalf of the minor against a judgment in default of appearance, he may, in order to render account for this action, ask for the Subdistrict Courtís authorisation to do so.


Article 1:350 Investment of property
- 1. The guardian shall ensure an efficient investment of the assets of the minor.
- 2. The guardian needs the authorisation of the Subdistrict Court for each investment of money belonging to the minor. He may, however, as far as the Subdistrict Court has not ordered otherwise, invest without such authorisation money in the minorís name at a credit institution as meant in Article 1:344, paragraph 1, under point (b), in accounts intended for the investment of money of minors, under the condition that this money will be paid out only with authorisation of the Subdistrict Court.


Article 1:351 Continuation of the enterprise of the minor
- 1. When the property of the minor or a part of it has been invested in a commercial, agricultural or industrial enterprise, the guardian is only allowed to continue this business for account of the minor with authorisation of the Subdistrict Court, irrespective whether this business is pursued on behalf and for account of the minor only or also on behalf and for account of others.
- 2. Without authorisation of the Subdistrict Court the guardian is not allowed to leave an estate, to which the minor is entitled, undivided.


Article 1:352 Lack of authorisation
Acts performed by the guardian without an authorisation required pursuant to Article 1:350 or 1:351, shall nevertheless be valid.


Article 1:353 Renouncement of a share in a dissolved marital community of property
Without authorisation of the Subdistrict Court, the guardian may not renounce a share in a dissolved marital community of property to which the minor is entitled.


Article 1:354 Hearing of the guardian
The Subdistrict Court may at any time call the guardian to court in order to question him. The guardian is compelled to provide the Subdistrict Court with any information asked for.


Article 1:355 Making an inventory of the mnorís property when his parent enters into a marriage again
- 1. Where a parent, who exercises authority over children under age born from an earlier marriage or who exclusively has the right to administer the property of children under age born from an earlier marriage, has the intention to remarry or to enter into a registered partnership with a new partner, the Subdistrict Court may order that parent to make an inventory of the property of the children and to submit this inventory or a true copy of it to the Registry of the Subdistrict Court on a specific date.
- 2. Articles 1:339, 1:340 and 1:341 apply accordingly.


Article 1:356 Instructions and authorisation of the Subdistrict Court
-
1.
The Subdistrict Court shall only give instructions and authorisations as meant in this Subsection if this proves to be necessary, useful or desirable in the interests of the minor. It may grant a particular or general authorisation under conditions as it regards useful.
- 2. The Subdistrict Court may at any time withdraw a given instruction or authorisation or change the conditions attached to it.


Article 1:357 Costs of the implementation of legal measures
If the costs of implementation of a measure, taken on behalf of a minor in compliance with a court order, are for account of the minor; if the guardian, as a result thereof, has to break into the minorís property, then he does not need the authorisation of the Subdistrict Court as referred to in Article 1:345 to transfer or encumber the minorís assets, but instead the Subdistrict Court may point out the minorís assets that must be sold or encumbered with a limited property right to get the financial means for this purpose.


Article 1:358 Expense allowance and remuneration for the guardian
- 1. The guardian may charge all necessary, correct and justifiable expenses to the minor.
- 2. When the Subdistrict Court has determined an amount that each year may be spent on the care and upbringing of the minor or on the costs of administration of his property, the guardian does not have to render account in detail for the way in which he has spent this amount.
- 3. The Subdistrict Court may grant a remuneration to the guardian, to be paid by the minor, if it considers this to be reasonable in view of the degree to which the administration of the minorís property constitutes a burden for the guardian. Besides this situation, the guardian is not allowed to charge any remuneration for his own benefit to the minor, unless such a remuneration is granted to him in the deed in which the minorís parent has appointed him as guardian.


Article 1:359 Periodically rendering account for the way in which the guardian has exercised his right of administration
- 1. The Subdistrict Court may at any time, upon the request of another guardian or of its own motion, impose an obligation on the guardian to render account of his administration of the minorís property by submitting annually or every two or three years a written report thereof to the Registry of the court.
- 2. The date on which the written account of administration must be submitted, is set by the Subdistrict Court.
- 3. If, in the event of a joint guardianship, only one of the guardians has submitted a written account of administration, then he must at the same time send a copy of it to the other guardian. If the other guardian does not agree with the submitted account, he may within two months file an objection against it in court.


Article 1:360 Corrections and examination of the account of administration
- 1. In case of a difference of opinion on the rendered account the Subdistrict Court may order that the account must be corrected.
- 2. The Subdistrict Court may appoint one or more experts in order to examine the submitted account.
- 3. The Subdistrict Court may charge the costs of this examination entirely or partially to the guardian if a poor administration has come to light.
- 4. The guardian shall receive a duplicate of the written report which the experts in due time will present to the Subdistrict Court.
- 5. In the event of joint guardianship both guardians shall receive a duplicate as meant in paragraph 4 and the Subdistrict Court may charge the costs meant in paragraph 2 to the guardians jointly.


Article 1:361 Preservation of written accounts
The accounts of administration, submitted periodically by the guardian, or true copies thereof remain at the Registry of the District Court.


Article 1:362 Liability for poor administration
The Subdistrict Court may, upon the request of the other guardian or of its own motion, determine the damage which the minor, according to the rendered account of administration, has suffered as a result of poor administration by a guardian and condemn that guardian to compensate this damage.


Article 1:363 Providing security by the guardian
- 1. The Subdistrict Court may at any time order that the guardian must provide security for exercising his right of administration. It will set the amount and type of security. A pledge on the guardianís stock market securities to bearer is established by depositing the involved papers and documents at the Dutch Central Bank (ĎNederlandsche Bank N.V.í).
- 2. The Subdistrict Court sets a reasonable period within which the guardian must prove to the court that he has provided the required security.
- 3. The Subdistrict Court may permit the guardian to replace the provided security with another type of security. If the interests of the guardian undoubtedly require that the provision of security ceases to exist or if the provision of security is no longer necessary, then the Subdistrict Court may authorise the guardian to surrender the provided security in the name of the minor.


Article 1:364 Ending of the obligation to provide security
- 1. The obligation of the guardian to provide security ends as soon as the account which he has rendered of his administration has been approved or as soon as the minorís right of action in connection with the way in which the guardian has exercised his right of administration has become prescribed pursuant to Article 1:377.
- 2. In that event registrations of mortgages and registrations of pledges in the Stateís register of debts from a loan are deleted on the minorís costs.


Article 1:365 Notification to the Child Protection Board when the guardian is in default
If the guardian is in default:
a. of responding to a request of the Subdistrict Court to appear in court;
b. of submitting an inventory of the minorís property or a declaration as meant in Article 1:339;
c. of submitting a periodic account of his administration on a date set for this purpose by the Subdistrict Court;
d. of keeping the minorís bank savings books, money coins, banknotes and stock exchange securities to bearer, which he has not put on the minorís name, in the legally required way;
e. of providing proof to the Subdistrict Court that he has provided the required security; or
f. of paying damages to which the Subdistrict Court has condemned him pursuant to Article 1:362,
the Subdistrict Court may notify the Child Protection Board thereof.


Article 1:366 Notification to the Child Protection Board of poor administration by the guardian
In the same way as meant in the previous Article the Subdistrict Court may notify the Child Protection Board of the fact:
a. that the guardian, in a situation in which he needs the authorisation of the Subdistrict Court, has exercised his right of administration without such authorisation;
b. that the guardian appears to be guilty of being unreliable or negligent or of abusing his powers when exercising his right of administration.


Article 1:367 Possible removal from guardianship
After the Child Protection Board has been notified by the Subdistrict Court as meant in the two previous Articles, it will examine the other actions of the guardian towards the minor and, subsequently, asks the Subdistrict Court within six weeks after the date of that notification whether the guardian should be removed from exercising guardianship on the basis of Article 1:327 paragraph 1, under point (b).


Article 1:368 [repealed on 02-11-1995]</p>


Article 1:369 Joint assets of two or more minors under guardianship
- 1. Where two or more minors, who are placed under the guardianship of different guardians, are jointly entitled to specific property, the Subdistrict Court in whose territory the domicile of one of the minors is located, may point out one of the guardians or a third person to administer this property by virtue of a protective administration until the joint assets are apportioned (divided). The pointed out legal administrator provides the security which the court requires of him.
- 2. If different courts have jurisdiction over the matter defined in paragraph 1 and one of these courts has made use of its jurisdiction, then the other courts no longer have any jurisdiction on this matter.
- 3. The statutory provisions for a guardianís right of administration of the property of a minor apply accordingly to a protective administration of joint property as meant in paragraph 1. Where any of the involved minors has performed either a juridical act of administration with regard to the joint assets under protective administration or a juridical act which necessarily implicates a transfer or encumbrance of such joint assets, the pointed out legal administrator is, to the exclusion of all others, entitled to nullify this voidable juridical act.


Article 1:370 Constitution of a protective administration of the minorís property
- 1. If the Subdistrict Court considers this to be in the best interests of the minor, it may, upon the request of the guardian or of its own motion, place the minorís property, including its benefits (fruits), in full or in part under protective administration until the minor reaches the age of legal majority. In the event of a joint guardianship the Subdistrict Court may only constitute such a protective administration upon a joint request of both guardians.
- 2. The Subdistrict Court shall appoint a legal administrator and determines the amount of remuneration to which he will be entitled. When constituting the protective administration, the Subdistrict Court may order that the guardian has to compensate the minor, in full or in part, for the costs caused by the protective administration and that the guardian, without prejudice to his right to take recourse against the legal administrator, is liable towards the minor for the way in which the legal administrator has fulfilled his duty. In the event of a joint guardianship the Subdistrict Court shall impose these obligations on both guardians.
- 3. The statutory provisions for a guardianís right of administration of the property of a minor apply accordingly to a protective administration meant in the present Article. Where the minor has performed either a juridical act of administration with regard to the assets under protective administration or a juridical act which necessarily implicates a transfer or encumbrance of such assets, the legal administrator is, to the exclusion of all others, entitled to nullify this voidable juridical act.
- 4. The Subdistrict Court determines which cash benefits the legal administrator has to pay from the property under protective administration to the guardian or, in the event of a joint guardianship, to both guardians, for the care and upbringing of the minor or for the administration of the minorís property which is not placed under protective administration. The Subdistrict Court may at all times, upon the request of a guardian or of the legal administrator or of its own motion, change such court orders.
- 5. The legal administrator is obliged to provide the Subdistrict Court with any information asked for.
- 6. Each year and at the end of the protective administration the legal administrator must render account before the Subdistrict Court to the guardian or, in the event of a joint guardianship, to both guardians, or when the minor has reached the age of legal majority, to him, or when the minor has died, to his heirs.
- 7. Disputes arising from the account rendered, are settled by the Subdistrict Court.
- 8. Article 771 and following of the Code of Civil Procedure apply when one of the involved parties is in default of participating in the process of rendering account.
- 9. The Subdistrict Court may at all times, upon the request of the legal administrator or of a guardian or of its own motion, end the protective administration or remove the legal administrator and replace him with someone else.


Article 1:371 Notification of a change of the guardianís domicile
The guardian is obliged to notify each change with regard to his domicile to the Registry of the District Court.


Article 1:371a Duty of the clerk of the Court when the guardian moves to another district
- 1. The clerk in office at the District Court which has appointed the guardian notifies this appointment without delay to the Subdistrict Court in whose subdistrict the guardianís domicile is located.
- 2. When the guardian no longer has his domicile in the district or when he is succeeded by a guardian who lives in another district, the clerk of the District Court sends without delay all documents relating to this guardianship to the Registry of the District Court of the district where the domicile of the guardian or succeeding guardian is located, mentioning as well his home address.


Subsection 1.14.6.11 Rendering account at the end of the guardianship


Article 1:372 Rendering account for performed administration
Immediately after the administration has ended, the guardian must render account. The costs thereof are paid by the guardian. They are borne however by the minor, unless the administration has ended by a removal of the guardian from guardianship. As far as the costs cannot be recovered from the minorís property, they are charged to his parents and, if these costs cannot be recovered from his parentís property either, to the State.


Article 1:373 Persons to whom account must be rendered
- 1. The guardian must render account for his administration either to the child under guardianship when it has reached the age of legal majority or to its heirs, or to the guardianís successor in the administration.
- 2. If a joint guardianship has ended and, as a result, authority over the minor is exercised by one of the guardians solely, then the guardian whose right of guardianship has ended renders account for his administration to the guardian who will solely continue to exercise guardianship.


Article 1:374 Rendering account before the Subdistrict Court
-
1.
The guardian whose right of administration has ended, must render account before the Subdistrict Court in whose subdistrict his domicile is located.
- 2. Disputes resulting from the account rendered, will be settled by the Subdistrict Court.
- 3. Where one of the involved parties is in default of participating in the process of rendering account, Articles 771 and following of the Code of Civil Procedure shall apply.


Article 1:375 Voidable juridical acts performed with or towards the guardian by a child after it has become of age
A juridical act that a child of age has performed with or towards his former guardian about the ended guardianship or the account rendered thereof is voidable; this ground of voidability can only be invoked on the part of the child who has reached the age of legal majority.


Article 1:376 No interest charged over a debt of the minor to the guardian
What the minor appears to be indebted to the guardian at the end of the guardianship shall bear no interest as long as the minor, after the rendering of account has been closed, is not in default of performing these debts.


Article 1:377 Prescription
Anny right of action of the minor or the guardian based on the way how the administration has been exercised during the guardianship, becomes prescribed on the expiry of five years after the day on which the guardianship of the guardian in question has ended.