There is an important distinction between custody and guardianship.
The term guardianship is often used when the correct term should be custody.
Guardianship can only be established in two ways:
Parents have custody of their children, never guardianship.
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.
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.
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.
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
12 May 2025
How Do You Become the Legal Father of Your Child?
The biological parents of a child are those whose DNA the child carries. The legal parents are the child’s recognised family members under the law. In this blog, we briefly explain how a man becomes — or can become — the legal father of a child.
Read more
7 May 2025
Collaborative Divorce: The Advantages of a Collaborative Approach
In this blog, we discuss what this method entails, what its advantages are and why it can be a good choice for couples going through a divorce.
Read more
28 April 2025
Indexation of Child and Spousal Maintenance 2025
Each year, child and spousal maintenance payments are increased through statutory indexation. Today, I’ll explain more about the indexation of child and spousal maintenance in 2025.
Read more
12 March 2025
Mediation also offers benefits for financial settlement
A divorce is not only emotionally challenging but can also be complex in terms of legal and financial settlement. Even when no children are involved, mediation can still be a wise choice.
Read more
10 March 2025
Living together without a contract: what you need to know
Unmarried cohabitation without a cohabitation agreement (“informal cohabitation”) is becoming increasingly popular in the Netherlands.
Read more
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
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
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
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
