Child protection measures
When there are serious concerns about the upbringing and care of a child, it may be necessary that intervention takes place in the home situation for the protection of the child. The concerns may relate to the manner of care by the parent, for example because the parent is not (sufficiently) capable of this or neglects the child. The concerns may also arise through special circumstances of the child, such as psychiatric problems. Intervention in the home situation is possible on the basis of various child protection orders.
Care and supervision order
The most common order is the care and supervision order. A family supervisor is appointed when a child is placed under supervision. The family supervisor offers assistance and guidance in removing the existing concerns as much as possible. The guiding principle of this order for a care and supervision order is that the child continues to live at home.
Placement in care
If it appears that a child is not benefiting from continuing to live at home, or that the concerns about the home situation cannot be removed, then a placement in care can be ordered. The child will no longer live at home, but at another location. This can be with family, but also a foster family or with an agency. During the placement in care, not only assistance and guidance must be provided to the child and its parent, but it must also be determined if the child can ultimately live at home again.
Authority over the child
During a care and supervision order, possibly in combination with a placement in care, the parent continues to be charged with the authority over the child. However, discharge of the authority can take place for the further protection of the child. The parent thereupon no longer has authority over the child. A parent is also discharged of the authority if the parent concerned is unsuitable or incapable of fulfilling his or her duty of care and upbringing. Dismissal from parental authority is also possible. Dismissal is only on the agenda if a parent behaves in an attributably incorrect manner towards the child, for example in case of gross neglect of a child. As in the case of discharge, the parent no longer has authority over the child after dismissal. If after the discharge or dismissal no one is charged with the authority over the child, a guardian will be appointed who will exercise the guardianship over the child. This can also be an institution.
All child protection orders can only be ordered by the court. An application for a child protection order will always be dealt with by the court in a hearing. Each parent will be given the opportunity to express his or her opinion orally. It is also possible to submit a defence in writing to the court before the hearing.
Child protection orders are of course very invasive of the life of the child, as well as that of the parents. Furthermore, child protection orders are, as a rule, in force for a longer period. Proper assistance is therefore often not only desirable, but also necessary. The family law lawyers of AK Advocaten can assist you and take care of your interests in case of proceedings with regard to child protection orders. Furthermore, they can also assist you during the further process of child protection orders, such as in discussions with the family supervisor.
Please contact us.