Guardianship

If you die along with the other parent of your children, or if the last of the two parents dies before a child reaches 18 years of age, the judge decides who will become guardian of that child. The judge is helped in this process by the child welfare agency, which consults with the family. This could mean that your children end up somewhere you would prefer not to be or that there is a fight over your children.

You can also decide who becomes the guardian in the event of the death of both parents. This can be done in a will. Since 1 April 2014, it is also possible to appoint a guardian by registration in the custody register. Through www.rechtspraak.nl, a standard form can be obtained.

In a will, you can arrange a large number of matters around guardianship. Like the children's finances, whether they should stay together, whether they should live in the guardian's house and much more. The guardian exercises authority over the minor children and also has custody of the children's assets. By will, you can stipulate that someone other than the guardian has custody or that the guardian also has custody until a certain age once the children come of age.

For more information on arranging custody and guardianship, please contact us. We will be happy to advise you.