Applying for sole custody of a child

Do you want to apply for sole custody for your child? For example after a divorce or the end of a relationship? If so, this must be applied for at the rechtbank (district court). This is also referred to as applying to remove gezamenlijk ouderlijk gezag (joint custody). 

Last updated on 18 July 2022

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The child’s best interests are the primary consideration when applying for sole custody

Do you want to apply for sole custody? The court will only agree if this is really necessary for your child. 

Rights and obligations of parents with sole custody

Has the joint custody been removed? If so, the parent with sole custody takes all decisions concerning the upbringing and care of your child. This includes matters such as school, care and clothes, for example. 

The other parent is still required to contribute to the upbringing and care of the child. The other parent also has a right of access to the child. The parent with custody must inform the other parent of important matters concerning the child and consult with them on those matters. 

Applying for sole custody

You cannot apply to the court for sole custody yourself. A lawyer must do it for you. Has the application for sole custody been granted? If so, the court will award custody to 1 of the 2 parents. The other parent will then no longer have custody. 

Laws and regulations (in Dutch)

Burgerlijk Wetboek Boek 1, artikel 251a

Burgerlijk Wetboek Boek 1, artikel 253n

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