Exclusive parental authority?
With parental authority, the principle is that both parents exercise authority together. However, it may happen that parents do not agree on important aspects regarding the child's upbringing. If this is the case, one of the parents can go to the family court to request exclusive parental authority.
Cohabitant vs non-cohabitant parents
In the case of cohabiting parents, exclusive parental custody is not possible. However, the court can authorise one of the parents to perform certain actions alone, without the consent of the other parent (art. 373, 4th paragraph old BW).
In contrast, in the case of non-cohabitating parents, exclusive parental authority is possible. If the parents cannot agree on an important decision concerning the child, one of the parents can go to court. This concerns decisions regarding:
- Health;
- Education
- Education;
- Stress;
- Religious or philosophical choices.
Exclusive parental authority can also be claimed when a parent's choices seem contrary to the best interests of the child (art. 374, §1,2nd paragraph old Civil Code).
In addition, non-cohabitating parents can deviate from joint custody in a mutual agreement. This agreement must then be approved by the court.
Partial vs. full exclusive parental authority
Usually a part of parental authority will be exclusive, i.e. for certain actions and/or decisions. Fully exclusive parental authority will only be imposed in exceptional cases. These are cases where one of the parents knowingly and for a long period of time does not exercise their parental obligations, which means that in principle there is no joint exercise.
Exclusive custody is also imposed in situations where joint exercise poses a threat to the child's health or developments, due to abusive behaviour by one of the parents.
Rights of the parent without parental authority
If the court grants the exercise of parental authority exclusively to one parent, the other parent does still retain the right to personal contact and the right to supervise the child's upbringing (art. 374, §1, 4th paragraph old BW).
Moreover, the disqualified parent can regain parental authority. This is the case when the parent, who had exclusive parental authority pursuant to a judgment or agreement, dies. This cannot be prevented, not even by a will of the parent who had exclusive parental authority, because the rules on the organisation of parental authority are public policy.
Questions about parental authority?
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