What are responsibilities of children divorced girl?

Following a divorce, both partners will retain parental responsibility for their children. The same applies to couples who end their partnership registered if the husband acknowledges the child’s name. Both partners are accountable for the upbringing and care of their children.

Parental responsibility following divorce

When your baby was born in the marriage, or a registered partnership you’ll generally be able to keep joint parental responsibility following divorce. If you don’t wish shared parental responsibility to last you may ask the court to assign the responsibility to one parent. The court will determine who gets the responsibility.

If you’re a family with multiple children the court will decide the responsibility for each child on its own. Children who are 12 years old or over can request the court to assign responsibility to one parent.

The parent is responsible to pay the child’s expenses until the age of 21 years old.

The child’s voice in determining the parental responsibility

The court is required to request children 12 years old and over to provide their opinion before it decides on parental responsibility. Children younger than 12 do not need to give their opinions.

Children over 12 who have parents seeking divorce will be informed when they will be required to appear before the court. It is the responsibility of each child if they would like to attend the hearing.

The child is entitled to have their voice heard. That means they have the right to be heard by the court on what they think about specific aspects of the breakup. If a child younger than 12 is interested in hearing by the court, they will be invited by them to the hearing.

Co-parenting, equality of parenthood, and parental accountability, as well as acknowledgment. When it comes to access to parental responsibility (omgang) the following terms are often confused. They all mean something distinct.

Co-parenting

If you, along with your former spouse are co-parents that means that you share in the care and education of your child(ren). Your child is living in a split between you and your ex-partner.

Co-parenting can only be done if both parents are willing. There is no law regarding co-parenting. The co-parenting relationship has no bearing on parental obligation and child support.

If you decide to share parental responsibility with your partner, you will need to agree on the time what time the child lives with you each and who is responsible for what.

You can lay down such agreements in a document drawn up by a civil-law notary or include them in a divorce settlement agreement.

Equal parenthood

The term “equal parenthood” means that parents are equal in rights and obligations to the care and education of their child. It does not mean the child is living with each parent all the time.

Responsibility

The responsibility of your child is the fact it is that you’re the legal representative of your child and have the power to manage the child’s finances and property.

Acknowledgment

Acknowledgment creates a legal connection that binds the parents and the child. But, if you acknowledge a child without an agreement of marriage or partnership, you will not automatically assume legal responsibility for the child or be the legal representative of the child.

In this case, to be able to claim parental responsibility, you must request it.

Parental rights to access information after divorce or separation

In the event of a divorce, separation or the dissolution of a partnership registered the partners who have separated have the right to access their parental rights to children. If you share parental responsibility the ex-partner and you must agree on access and care arrangements.

Even in the case that one parent is not a parent (or does not have) the responsibility of being a parent, that parent has access rights and is entitled to be informed of the children. In these situations, parents can decide on an access agreement together.

There is no standard arrangement that is imposed by law. The two of you determine the frequency, time and for how long each parent the children don’t reside with has access to the children. The agreements you negotiate are then included in the plan for parenting (ouderschapsplan).

The ex-partner does not comply with the access or care arrangements

If your ex-partner fails to adhere to the arrangements for access or care You can attempt to work together on resolving the issue or get the assistance of mediators. In the last option, you may ask for the intervention of the courts.

You will need to hire an attorney (advocaat) and initiate interim injunction procedures (Kort getting) on your behalf. The court may, for example, require your ex-partner to pay a fine each day they do not comply with the terms.

Refusal of access rights to parents

In rare cases, it might be best for the child’s safety if the parent is barred from access indefinitely or for a short period. For instance, this might be required if a parent sexually or physically abuses the child.

If only one parent holds parental responsibility, the court may restrict the other parent’s permission to see the child. The parent responsible for the child may ask the court to make this decision.

If both parents are responsible the court has the power to temporarily suspend communication between the child and one parent.

 

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