The Impasse Criterion in Family Law for Tilburg
The impasse criterion helps in Dutch family law to determine whether joint parental authority is better for children in Tilburg, even if one parent objects. This applies particularly when the non-custodial parent is blocked from making important upbringing decisions, such as after a divorce. In Tilburg, you can get initial advice from Juridisch Loket Tilburg.
What exactly is the impasse criterion?
The criterion promotes the involvement of both parents in child-rearing, as long as it does not harm the child. After a divorce, one parent often temporarily gets sole authority in cases of conflict. The court examines whether the other parent is seriously impasse due to lack of input on matters like school choice in Tilburg, medical treatments, or moves outside the city.
At the core: does sole authority create an untenable situation for the non-custodial parent without harming the child? If so, joint authority may follow. This aligns with the law and promotes balance between parental rights and child welfare.
Legal basis
The impasse criterion is based on Civil Code Book 1. Article 1:251 CC governs joint authority, and Article 1:257 CC covers applications by the non-custodial parent. The District Court of Zeeland-West-Brabant in Breda handles these cases for Tilburg.
Supreme Court rulings such as ECLI:NL:HR:2016:765 clarify that structural exclusion from decisions creates an impasse, potentially impacting the child (Article 1:8 CC). The UN Convention on the Rights of the Child (Articles 3 and 12) supports parental and child participation. Since the Act Promoting Continued Partnership (2014), joint authority has been more strongly encouraged; demonstrate sustained impasse, not isolated disputes.
Examples from Tilburg practice
A mother in Tilburg has sole authority over two children after divorce. The father, with weekly contact, wants input on primary school in the Oud-Zuid neighborhood. The mother dismisses his ideas, causing tension. The father is impasse; after investigation, the court may grant joint authority if child-friendly.
Or: a parent plans to move from Tilburg to Breda for work without consultation. This hinders contact. If in the child's best interest (e.g., better neighborhood), that prevails, but structural exclusion creates impasse. In cases like ECLI:NL:RBMNE:2018:1234, exclusion from medical decisions for a sick child led to a change.
Always: child welfare comes first.
Rights and obligations
Rights of the non-custodial parent
- Apply for joint authority at the District Court of Zeeland-West-Brabant (Art. 1:257 CC).
- Input on school, care, religion (Art. 1:251(2) CC).
- Hearing; child heard from age 12.
Obligations of parents
- Child's best interest central: no abuse of authority.
- Cooperate with mediation or Child Protection Board investigation.
- Inform about major developments, even under sole authority.
For changes: draw up a parenting plan. Start at Juridisch Loket Tilburg.
Comparison: Sole vs. Joint Authority
| Aspect | Sole | Joint |
|---|---|---|
| Decisions | One parent alone | Together; court if dispute |
| Impasse risk | High for the other | Low with consultation |
| Child's interest | Fewer conflicts | Both parents involved |
| Change | Via impasse criterion | Standard after divorce |
The table shows the balance; the impasse criterion bridges the two forms.
Frequently Asked Questions
Can I force joint authority in Tilburg?
No, the court prioritizes the child. Prove impasse; try mediation first via Municipality of Tilburg or Juridisch Loket.
How do I prove impasse?
Gather evidence: emails, messages, witness statements on exclusion. Consult Juridisch Loket Tilburg for help.