How do I apply for custody?
Parents can apply for joint custody with the Guardianship Council CN if their child is registered in the Caribbean Netherlands and if the following conditions are met:
- The minor was born from the relationship between both parents;
- The mother has custody over the minor by operation of law;
- The applicants are (were) not married to each other;
- The applicants have not previously exercised joint custody over the minor;
- The mother agrees to share the custody over the minor(s) with the father;
- The father willing to accept (joint) custody over the minor(s).
The Guardianship Council considers your application and prepares documentation, with which you can submit the request for joint custody to the court. This is called an application. Filing the application with the Guardianship Council CN can be done during consultation hours. If you cannot come to the Guardianship Council during consultation hours then you can schedule an appointment with the Guardianship Council by telephone at your location. When the application is complete, both parents must come to the Guardianship Council to sign the documents.
For the application, please bring the following documents in duplicate:
- Extracts from the population records of both parents.
- The birth certificate of the child.
- The deed of acknowledgement of the minor.
You can also complete the application, the declaration of consent (mother), and the declaration of willingness (father) yourself and submit them to the court. A template for the application and the required declarations can be found here (in Dutch).
Please note: All necessary documents and appendices must be submitted to the court in duplicate, including recent extracts from the population records, the birth certificate of the child, and the deed of acknowledgement of the minor.