Custody and guardianship

There is an important distinction between custody and guardianship.

The term guardianship is often used when the correct term should be custody.

Establishing guardianship

Guardianship can only be established in two ways:

  1. if the parent has appointed a guardian before their death (known as a testamentary guardian), or
  2. if a guardian is appointed by the court.

Parents have custody of their children, never guardianship.

When does custody apply?

If a child is born in a marriage, both parents have custody. After a divorce, this joint custody normally continues and in principle the parents agree on a care and contact arrangement, drawn up in a parental plan.

In the case that the parents of the child are not married and the father has not acknowledged the child, the father does not (automatically) have custody of the child. He can apply for custody together with the mother. In that case he has the rights and obligations which accompany the custody. If the mother refuses this, the father can request the court to give him custody as well.

When should an arrangement for access be made?

If the two parents do not both have custody of a child, a care and (international) access arrangement can be made. Even if there is no custody, it does not mean that a parent does not have any right to the child. A request for access can also be made if the father has not acknowledged the child.

Help with custody issues

In many cases problems arise with regard to the arrangements about access or the care and contact arrangement. GMW lawyers can help you find a good solutions for these problems. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our family lawyers will be happy to support and advise you.

More family law related topics >

Lawyers

Previous slide
Next slide
Antoine de Werd

Antoine de Werd

Family law, Mediation Read more about this lawyer
Lise-Milou Lagerwerf

Lise-Milou Lagerwerf

Family law Read more about this lawyer
Marcella Verwoerd

Marcella Verwoerd

Family law, Mediation Read more about this lawyer
Marieke Morshuis

Marieke Morshuis

Family law, Inheritance law Read more about this lawyer
Sophie Vermeule

Sophie Vermeule

Family law, Inheritance law Read more about this lawyer
Stephanie Hasselaar - Veltkamp

Stephanie Hasselaar-Veltkamp

Family law, Inheritance law, Mediation Read more about this lawyer
Susan Meijler

Susan Meijler

Family law Read more about this lawyer
All lawyers

Looking for a family law lawyer in The Hague?

GMW lawyers will be happy to help you with all your family law and divorce issues. Please feel free to contact us if you have any legal questions.

"*" indicates required fields

newsletter?

You might also like

27 January 2025

Relocating with Children: Consent Required from the Other Parent

Moving is a significant event, especially when children are involved. It becomes even more complex when parents are separated and share joint parental authority.

Read more

Read more about

8 January 2025

5 practical tips for effective divorce mediation

Once a couple have made the decision to break up, mediation can be a valuable means of resolving conflicts and reaching agreement in an emotionally charged situation. To ensure a smooth mediation process, we provide you with 5 practical tips for divorce mediation in the article below.

Read more

Read more about

2 January 2025

The effects of an overheated housing market in family law

It is common knowledge that the housing market in the Netherlands is overheated. This fact has also had an effect on a number of rulings in family law.

Read more

Read more about

30 December 2024

The benefits of divorce mediation

Divorce can be one of the most stressful events in a person’s life. It is a process that is not only emotionally taxing, but can also be complex in terms of legal settlement. In this context, mediation can offer a valuable alternative to engaging a lawyer. In this blog, you can read about some of the benefits of divorce mediation.

Read more

Read more about

11 November 2024

Shares under ‘’vesting‘’: to divide or not to divide at divorce

This blog discusses when shares obtained under vesting should and should not be divided in case of divorce.

Read more

Read more about

28 October 2024

International child abduction: an explanation of the procedure

At the end of a relationship or after you have split up, you or your (former) partner may wish to live with your child in another country.

Read more

Read more about

21 October 2024

Stay together as parents for your children, even after a divorce

"Stay together as parents for your children, even after a divorce," says Children's Ombudsman Margrite Kalverboer in an urgent appeal to all parents. I would like to repeat this message in this article.

Read more

Read more about

14 October 2024

Online mediation in family law

Within family law, mediation is increasingly being used by (future) ex-partners to make agreements on, for example, the content or modification of a parenting plan and the financial settlement of a marriage. Through mediation, sustainable agreements can be reached.

Read more

Read more about

9 September 2024

Divorce Day 2024

On Friday, September 13, 2024, it is Divorce Day, established by the Association of Family and Inheritance Law Attorneys and Divorce Mediators (vFAS). On this day, you can come to us for free personal advice.

Read more

Read more about