When can I request a special curator for a child?
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Detailed explanation, checklist and sources
A Dutch court may appoint a special curator where a child's interests conflict with those of a parent with authority or guardian. The curator represents the child, not either parent. Not every disagreement leads to appointment.
On this page
1. Describe conflicting interests
Explain concretely how the child's interests conflict with the parent's or guardian's, for example over care or assets. Apply within existing proceedings or separately; the court can also appoint on its own initiative. Parentage and international child-abduction cases have separate official procedures.
2. Choose the application route
An adult interested party needs a lawyer for care/upbringing disputes, filing in the family/youth section. For a child's property conflict a lawyer is not compulsory: apply to the subdistrict section for the child's residence. The child can apply formally through a lawyer or send their own informal letter/email to the local court with contact details and reasons.
3. Prepare request and costs
Identify the child, your interest and specific reasons. A property petition needs the applicant's name, address and residence, child's name, date, signature and supporting evidence. No court fee applies to appointment. Your own lawyer, mediator, interpreter or expert can cost money; discuss an estimate and possible legal aid.
4. Responses and child's interview
The court identifies interested parties and invites responses according to its letter. Parents are notified of a child's request. The child is usually invited for an interview on their own request or from age eight. Participation is voluntary; writing a letter or declining is possible. If all interested parties agree and the judge has no questions, a hearing may be unnecessary; otherwise a private hearing may follow.
5. Appointment and investigation
The judge decides necessity and specifies the curator, duties and reporting deadline. This does not decide the underlying dispute. The curator speaks with the child and others, may mediate and usually reports within four to eight weeks. Interested parties can respond and ask to discuss the report at a hearing.
6. Decision and possible appeal
The court then decides the dispute or makes an interim decision. An appeal against a final decision generally has a three-month limit; promptly check its start, availability and required lawyer. The same curator is involved on appeal. Total proceedings can take months to over a year; assess urgent relief separately. Keep decisions and report. Our preparation appoints nobody.
Draft — child's property conflict only
For an adult interested party in a property conflict. Not for care, parentage or abduction. Complete facts, check jurisdiction and submit yourself.
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Is the special curator my lawyer as a parent?
No. The curator represents the child's interests within the court's instructions. You may need your own lawyer. Appointment does not yet resolve the dispute.
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Child, authority/guardianship and residence
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- Child, authority/guardianship and residence
- Specific conflicting interests
- Care or property: correct route
- Existing case and evidence
- Response dates, costs and interview
- Report, decision and appeal limit
Contact with a lawyer
You can use the chat and information without a phone number. A contact request requires a phone number, a verified email address and your wish for telephone contact. Our team assesses which partner fits your question. Data is shared only under the stated consent procedure. A partner or engagement is not guaranteed.
View the current application processSources
Need personal assistance? Request a lawyer through our chat. We explain the next step; submitting a request does not engage a lawyer. The links below support the legal information.
Rechtspraak · Bijzondere curator ↗Rechtspraak · Aanvraagprocedure ↗Rechtspraak · Kosten ↗Sources may be in Dutch. General information about Dutch law, not individual legal advice.