Family law of Family practice
Personal and family law is the part of civil law that deals with descent, birth, marriage and divorce and other matters related to the family relations and powers of persons. The inheritance law is usually considered as a separate jurisdiction.
Personal and family law is recorded in the Netherlands in Book 1 of the Dutch Civil Code. It is also part of treaties the European Convention on Human Rights (family life) and the International Convention on the Rights of the Child.
Where can the personal and family law lawyer help
Emergency situation (request for temporary or emergency)
What options do you have to appeal to the court? How do you request – especially because of the children – a provisional provision or an emergency facility. How, for example, do you seize part of the estate of the community of goods, because your (ex-) partner is in common ownership prior to the divorce request.
Change in family law
Family law has changed considerably since 2015. This can lead to questions where your family lawyer can help you.
Special types of parenthood (duo-parenthood, adoption, donor situation, etc.)
The terminology on parenting and children has been developing rapidly in recent years. For example, there is now a duo parenting (between two mothers and two fathers). All kinds of questions play a role: Who has recognized the child? Whose motherhood should be determined by judicial means? Has the child been adopted? Genetic motherhood has also been introduced and it is important whether there is a (biological) pathogen, a sperm donor, egg donation or a biological father.
When asking who should be on the most recent birth certificate of the child and what consequences this has for obtaining Dutch citizenship, your family lawyer can help you.
Questions about paternity, motherhood, recognition and denial of it, questions about adoption and also paternal paternity actions. Legal aspects of transgendership can also be viewed.
Lineage, alimony, name right
The precise ‘ legal descent ’ of children has certain legal consequences. Thus, ancestry affects family law relations, maintenance law – alimony and maintenance contribution for minor children, juveniles and young adults - on the right of inheritance, on the name right (first name and surname change), parental authority, right of access after divorce, on care agreements and nationality. We can find out for you which different legal consequences you can expect.
The minor's interest
New is the special curatorship in the interests of minors. The law has a separate arrangement for children during legal proceedings. This can also be the case in divorce proceedings, for example if you think your child is being snowed under in a (f) divorce.
Marriage and divorce
We can review divorces, community of property, marital conditions and the conditions during marriage in community. We are happy to support you in elaborating and explaining the settlement clause in the marital conditions.
Child and partner alimony
We help you to gain a good understanding of the situation in which you and your child (ren) live after the divorce. You wish to live in the same well-being as at the time of your marriage. We will be happy to explain the calculation methods for determining everyone's needs and capacity. You can come to us for revisions of the child support. We also have sufficient expertise on whether the child's need can be determined if the parents have never lived together.
Parental authority and custody
You can come to us with questions about all kinds of forms of guardianship and parental authority over minors: joint authority, one-parent authority, guardianship, joint guardianship or provisional guardianship and family guardianship. What if one of the parents asks a parent authority / custody? What now at the end of the marriage or registered partnership and how is this then inheritance? Who retains the authority after death if the survivor is not the parent? Is there a testament? Should a guardian be appointed?
Relocation (to foreign countries) or child abduction
If you have children with a foreign ex-partner is moving often a problem: moving within the Netherlands, moving abroad and in some cases even child abduction. What do you need to know before you move? What are your rights and those of your child (ren)? We can help with the distribution of care tasks, the continuity of the care arrangement, contact with the child and other questions. We assess whether your case has a chance of success in court or in mediation and are looking for the right solution with the knowledge and science of the neutral mediator.
There are roadmaps and reporting codes for domestic violence and child abuse. Possible solutions are 'safe at home', under-supervision and custodial placement. What is involved in this and what do you need to know?
Applying for alimony or a maintenance contribution for (young) minor children. Are there changes to you so there is a change of circumstances as a result of which a reduction or increase of alimony can occur?
Children aged between 8 and 11 can send a letter explaining that they can tell the (child) judge what they think of this request in a number of specific cases, such as out-of-home placement, relocation and separation of segregation. If the child wants to, he / she will be invited for a child conversation. This child call will be held outside the presence of the parents and at a different time than the hearing.
Questions about the care arrangement where you can use help are for example: What possibilities do you have if the effectuation of the interaction is counteracted? Do the rules for handling, information and consultation obligation apply during the divorce and then also for the sperm donor?
Contact a family law lawyer
This is a selection of the questions that a lawyer from Hamburger Advocaten, specializing in personal and family law, can help you.