Other services

The adoption of a child from abroad must sometimes be requested by a lawyer in court, namely when a so-called "weak" adoption is concerned. Another example is an adoption by a stepparent, a duomother or foster parent. Also in this case, a request must be submitted to the court by a lawyer.

Children born out of marriage or a registered partnership between a man and woman automatically have two legal parents. When a child is born to parents who are not married, the father needs to acknowledge the child in order to be considered a legal father. If the mother agrees, the parents can do this together at the municipality. If the mother does not want to cooperate, a lawyer can help. A lawyer can submit a request for substitute consent for acknowledgement to the court. In some cases, a judge may order a paternity test to be carried out. In the situation that the father has passed away, a judge can also confirm paternity. This occurs regularly because it often benefits the unacknowledged children to do so. This makes them heirs and enables them to claim inheritance.

Child support is intended for use towards the costs of raising and caring for the children. It may be the case that you are financially no longer able to pay the agreed amount for child support. Maybe you have a new child or because your company has not been doing well for some time. Perhaps your partner refuses to pay child support. A lawyer can help when, for example, legal proceedings are required. A mediator can sit with you and your ex-partner to try to reach a different arrangement.

Co-parenting means that parents take care of the children together after a divorce. This does not necessarily have to be 50/50. Are you experiencing problems with co-parenting? This arrangement could be changed if it is in the best interest of the children. A lawyer or mediator can assist you with this.

Sometimes the concerns about the child are so serious that it is better if the child lives elsewhere for the time being. The child would go to live in a home or with another (foster) family for a certain period. The parents are allowed contact with the child, unless the guardian family feels it is better not to have contact for a while. A custodial placement lasts for a maximum of 1 year. Its purpose is always to ensure that the child can return home. After a year, a judge can extend the custodial placement if deemed necessary.

The correct term for this is (usually) parental authority. Look for more information under the heading "parental authority" or "parental responsibility".

When you've bought a house together and are getting separated, agreements will need to be made about the house. Who will take over the house? Or will the house be sold? Sometimes, the partner that continues to live in the house is unable to register the house in his or her name. Or that an ex-partner does not cooperate with the sale of the house. The result is that the other partner continues as co-owner fo the house and is therefore also liable for the costs, among other things. If it is not possible to discuss these issues yourselves, then a lawyer can ask the court to decide that the sale of the house goes through.

If a child is taken by one parent to another country without the consent of the other authoritative parent, it is considered an international child abduction. When one parent does not have consent from the other authoritative parent to move abroad, it is called an international relocation issue.

If both parents have joint custody, then consent from the other authoritative parent is required before moving or relocating with child(ren). If consent is refused, a lawyer can submit a request to the court for substitute consent. It would, of course, be better if you can reach an agreement yourselves, outside of the courtroom. An attorney or attorney-mediator can help you with this. Even in the toughest situations.

Changing a first name is possible when it is sufficiently important for you to do so. Such situation include a spelling mistake during the registration of a birth, when there are emotional objections to bearing your first name, in the event of a gender change, when the first name is complicated or repeatedly raises questions, etc. A lawyer can submit a request for a name change to the court. Changing your last name can be done at the Dienst Justis without a lawyer. If you have any questions, we would be happy to provide assistance.

Children born of a marriage or registered partnership automatically have two authoritative parents. If a child is born to parents who are not married, the parental authority of the father needs to be arranged separately in court. If the mother agrees, then the parents can request this together online on the website of De Rechtspraak. If the mother does not cooperate, then a lawyer can help. A lawyer can submit a request to the court on behalf of the father. Important decisions concerning the children, such as choice for school or medical health, fall under parental authority. There are typically not many of such decisions in a child's life, but they are important. Sometimes parents are not on the same page when it comes to the parental authority for their children. Consider, for example, selecting a school or a treatment with a child psychologist. When parents cannot reach an agreement, a lawyer can represent a parent in asking a judge to make a decision. Or a mediator can offer mediation services. In rare cases, it can be in the best interest of the child to have only one authoritative parent. For example, when the other parent lives abroad or if one parent is unfit –for whatever reason– to make important decisions about a child. When only one parent has parental authority, and the other parent wants to request it, then you can arrange this together as parents online at the custody register (in Dutch: Gezagsregister) that you can find on the website of De Rechtspraak. If there is joint custody and one parent wants to change this to single custody, a lawyer must submit a request for this to the court.

Parenting coordination is a new form of conflict resolution after divorce. A parenting coordinator is authorised to give binding advice for minor disputes between divorced parents. The parenting coordinator is a family law mediator. She will first attempt with the parents to find a solution to the problem(s) through mediation. If this doesn't work, then the parenting can issue a binding advice. The parents will have agreed in advance to follow the binding advice and must therefore adhere to it. A binding advice can always be submitted for review by a judge.

Before you get married, it is wise to consider the financial and legal consequences of marriage and to put together a prenuptial agreement. The prenuptial agreements are always drawn up by a notary. A mediator can help you with premarital mediation. This is a form of mediation that is geared towards reflecting on the consequences of marriage. Not so much the financial aspects, but rather the factual and emotional aspects such as having children. Should this happen, will one partner work less and, if so, who will that be? What will we do if we are struggling in our relationship and we have young children? Do we want to formalise certain agreements now in case things go wrong in the relationship? During premarital mediation, the conversations go a bit deeper than an average discussion at the notary about what to put into prenuptial agreements.

Do you want to know if the maintenance you pay or receive are still reasonable compared to the norm? Or are you debating whether to appeal a court ruling? Perhaps you are interested to have a legal opinion on another matter? Then you can ask a lawyer from Uiteen for a second opinion.

After a divorce, one of the partners may be left with too little income to live on. This can mean that there is a need for spousal maintenance. Calculating maintenance depends on many factors specific to your situation. Spousal maintenance can be an issue during the divorce. It is also possible for spousal maintenance to become problematic after the divorce. For example, if your level of income has decreased and you can no longer make the agreed payments. Or if you suspect that your ex-partner is living together with someone new and hiding this from you. Problems such as these can be handled with the help of a lawyer-mediator. If these issues cannot be resolved mutually, then a judge will have to make a decision.

A family supervision order is a measure to protect children. When placed under supervision, a child is assigned to a family guardian for a maximum period of 1 year. A family guardian is someone who gives advice about upbringing and makes agreements about this with the parents. The parents are obliged to cooperate with the advice and agreements of the family guardian. A supervision order is imposed by the judge.

A visitation arrangement nowadays is usually referred to as a care arrangement. Care arrangements can be established by the judge. There are certain circumstances that require that changes be made to the care arrangement. These must be achieved via a judge at the request of a lawyer, or you can be arranged mutually with your ex-partner. You can ask a lawyer or lawyer-mediator to assist you and your ex-partner to reach an agreement regarding the care arrangement. These will then be recorded in a court ruling.