Additions to the law on shared custody

The bill on shared custody offers new opportunities for greater control and participation by those close to the child. However, according to the Royal Dutch Association of Civil-Law Notaries (KNB) and the Association of Mediators in the Notary Profession (VMN), the draft legislation could use some further amendments.

This is what the Royal Dutch Child Protection Association (KNB) and the Netherlands Association of Child Protection Associations (VMN) wrote in aresponse (pdf, 251 kB) to the bill. The new law regulates shared parental authority, which primarily applies to children growing up outside a traditional family setting. They may have two male or two female parents, for example. Or they may grow up in a single-parent family or a blended family. In these cases, non-parents are often involved in raising the child.

Before birth
The bill stipulates a maximum of four parents: two with parental authority and two with shared parental authority. This can also cause problems, as four different opinions can quickly lead to conflict. To prevent this, the VMN and the KNB propose requiring parents and future shared parental authority holders to make agreements under the guidance of an experienced mediator when applying for shared parental authority before the child's birth. These agreements would be set out in writing. Making agreements in advance creates clarity, clarifies expectations, and is in the best interests of the child.

After birth
If shared parental authority is requested more than three months after the child's birth, a parenting plan is a logical additional requirement. This can also be drawn up under the guidance of a professional mediator. Although this involves costs, this plan can also prevent many future conflicts and expenses.

Guardian
Another point to consider is that, after the death of both or the sole guardian, the joint guardian takes precedence over the testamentary guardian. According to the Royal Dutch Society for the Protection of Children (KNB) and the Netherlands Association of Child Welfare (VMN), this is not the right choice. It makes more sense to respect the guardian's choice, as stipulated in a will.