Children occupy a very special place in the law of persons and family law. Not only is this a complex area, but matters in which children play a central role are often highly emotive and far-reaching. Think, for instance, of matters to do with parental authority, contact arrangements, adoption, acknowledgement of a child or a change of surname.

Parental authority
Joint parental authority continues to exist after divorce, unless the court imposes one-parent authority. If the parents cannot reach agreement on vital aspects about bringing up their children or financial issues, the matter can be submitted to the court. Having parental authority is also extremely important if the other parent dies.The parent who is not charged with the actual care of the child has the right to contact and information. It regularly occurs that there are underlying financial or emotional problems between the parents, with contact being used as a weapon. In such cases the court can impose contact arrangements.

Supervision
If the mental or moral interests or the health of a child is seriously under threat, he or she may be placed under supervision by the juvenile court. This can also be requested by one of the parents. A possible result is that the parent in question may no longer have contact with the child, or that the child is removed from the parental home. Furthermore, the parent may be relieved of or dismissed from parental authority.

Adoption
Besides the adoption of foreign children, 'stepparent adoption' is also possible. This form of adoption is intended for the spouse, partner or life companion of the parent who has lived together with that parent for at least three years. An application for adoption can only be submitted to a court by a lawyer.

Acknowledgement
If the natural father does not acknowledge a child, the mother may submit an application to the court to have paternity legally established and to ask for a contribution towards maintenance. This can even be done after the death of the natural father. The consequence of awarding this request is that a relationship under family law is established between the natural father and child, which will in turn have consequences for inheritance.
A natural father may also request permission of the court, even against the wishes of the mother, to acknowledge his child and apply for contact arrangements. Other proceedings are also possible, such as denial of paternity brought about by marriage and declaring an acknowledgement void.

Change of surname
Changing a person's surname is possible for a number of reasons, such as adoption, acknowledgement and paternity suits. After the dissolution of a marriage or a termination of a relationship, the name can be changed to that of the parent caring for the child or that of the new partner of the parent caring for the child.

Often these measures involve fundamental decisions with far-reaching legal and financial consequences. It is therefore extremely important for you to have a specialist lawyer to help you. CMS Derks Star Busmann can advise and assist you in these often sensitive matters. In addition, our lawyers can be appointed as special guardians of a child if the interests of the parents are contrary to those of the child. This would concern matters such as care, upbringing and managing the child's assets.