Suspension of Parental Authority in Tilburg
In Tilburg, the family division of the Court of Zeeland-West-Brabant (Breda location) can impose a temporary suspension of parental authority on a parent. This measure is designed to protect the child when its safety is acutely at risk due to the parent's conduct, without requiring permanent deprivation. It creates space for improvement, potentially allowing the authority to be restored later.
Legal Basis
The rules on suspension of parental authority are laid down in the Dutch Civil Code (DCC), Book 1, Title 10, in particular Article 1:253 DCC. The judge in Breda may grant this upon request from involved parties such as the other parent, a guardian, or the Child Care and Protection Board (RvdK), if the child's best interests so require. The suspension applies for a fixed period or until a new decision is made.
Article 1:254 DCC addresses replacement by a guardian or special curator. Article 1:251 DCC sets out the conditions for intervention. These provisions align with the UN Convention on the Rights of the Child (articles 3 and 9) and place the child first, which is relevant for families in Tilburg.
Grounds for Suspension
The court strictly assesses the child's best interests and intervenes only in cases of urgent risks. Typical grounds in the region include:
- Physical or sexual abuse by the parent.
- Serious neglect, such as lack of basic care.
- Addictions (alcohol or drugs) that undermine parenting.
- Mental health disorders in the parent causing unsafe conditions.
- Domestic violence or intimate partner violence.
No suspension for ordinary conflicts; only in cases of immediate danger. It often starts with a child supervision order (OTS) via the RvdK.
Procedure at the Court of Zeeland-West-Brabant
For residents of Tilburg, the process takes place before the family division in Breda. Steps:
- File a request: By the other parent, OTS supervisor, RvdK, or public prosecutor. Download the 'Request for Suspension of Parental Authority' form from the court's website.
- Hearing: Parents are heard; children from around age 12 via a child interview.
- Documents: Reports from OTS, youth care, or medical professionals are reviewed.
- Ruling: Decision within a few weeks, with possible immediate suspension (art. 1:253(3) DCC).
- Appeal: Within 3 months to the court of appeal.
Court fee around €85 (2023 rate), attorney fees with possible legal aid via the Legal Aid Board. In Tilburg, the Juridisch Loket Tilburg assists with preparation.
Rights and Obligations During Suspension
The suspended parent in Tilburg loses:
- Decision-making authority over upbringing, care, and residence.
- Automatic principal residence shifts to the other parent or guardian.
Obligations that remain:
- Child support (art. 1:404 DCC).
- Contact rights, unless restricted (art. 1:257a DCC).
The guardian makes decisions but must inform the parent. Restoration is possible upon improvement (art. 1:253(4) DCC), with support from local youth services via the Municipality of Tilburg.
Difference from Full Deprivation
| Aspect | Suspension | Deprivation (art. 1:254 DCC) |
|---|---|---|
| Duration | Temporary | Permanent until majority |
| Grounds | Urgent danger, potential for restoration | Long-term failure |
| Restoration | Via simple request | Very limited |
| Replacement | Guardian or curator | Sole guardian |
More info: Termination of Parental Authority, Parental Authority, OTS.
Practice Examples from the Region
Example 1: In a Tilburg family where the father's alcohol addiction led to leaving the child unattended, the mother requests suspension after an OTS. The Breda judge suspends for 6 months; child placed with mother, supervised contact for father.
Example 2: Following domestic violence, the judge suspends the mother's authority. Father becomes guardian; mother recovers through therapy and regains authority.
Example 3: On suspicion of abuse, the judge suspends both parents' authority; child placed temporarily in foster care.
Frequently Asked Questions
Can suspension apply in high-conflict divorces in Tilburg?
No, only in cases of real danger to the child. For co-parenting: mediation or art. 1:251a DCC. Start with the Municipality of Tilburg.
How long does suspension last?
Flexible: 6-12 months or until new ruling. Ends automatically unless extended.
Disagree with suspension?
Appeal within 3 months; request suspension of enforcement.
Contact during suspension?
Yes, unless restricted with conditions such as supervision.
Tips for Residents of Tilburg
- Contact Juridisch Loket Tilburg for free advice.
- Find a family law attorney via legal aid (check rvr.org).
- Involve the Municipality of Tilburg for youth support or OTS assistance.
- Document everything for your request to the Breda court.