Temporary guardianship Caribbean Netherlands

The parents with parental authority submit an application for temporary guardianship to the Guardianship Council CN on the island where the child is going to or will continue to live. If the applicant is someone other than the parent(s) with parental authority, then the application can be submit with an authorisation. You will find an authorisation form at the bottom of this page.

You can submit an application during the walk-in office hours of the Guardianship Council CN on Tuesdays and Thursdays between 09:00 and 11:00 in the morning. If you cannot come to the Guardianship Council CN during these hours, you can make an appointment by telephone with the Guardianship Council CN on the island where the child will live.

You must bring all personal data of the parent(s) with parental authority, the minor and the preferred temporary guardian. At the bottom of this page, you will find a complete list of what to bring with you when submitting a request for temporary guardianship to the Guardianship Council CN.

Attention: If the minor is not yet registered on the island of destination and comes from an island or country outside the Caribbean Netherlands, first request a declaration of intent from the IND. If the preferred temporary guardian meets the conditions, you will receive this declaration of intent. You will need this when you submit an application for temporary guardianship to the Guardianship Council CN. If the Guardianship Council CN gives a positive advice, the IND procedure for a residence permit will then be started.

A council investigator starts an investigation into the living conditions of the preferred temporary guardian. At the start of the investigation, the parent(s) and preferred temporary guardian will receive a letter explaining the procedure. On the basis of this investigation, the Guardianship Council Caribbean Netherlands provides advice on whether the preferred temporary guardian is suitable to be charged with responsibility for the child.

The investigation takes a maximum of three months. If the investigation takes longer, those involved will be informed about this.

How does a council investigation proceed?

The council investigator gives his or her advice in a report at the end of the investigation. This advice states whether it is in the interest of the minor that he or she should live with the temporary guardian. If there are no objections, the prospective temporary guardian will be asked to sign a statement agreeing to act as temporary guardian.

The parent(s) are invited to the Guardianship Council CN to discuss the advice. In the event of a positive advice, the parent(s) also sign a statement in which the parent(s) agree(s) to (temporarily) have their parental authority removed. After that, the applicant receives all the documents and can file them with the court.

The parent(s) with parental authority has to submit the documents to the court. This costs 28 dollars and is for your own account. If the parent(s) cannot file the documents themselves, the intended temporary guardian can do so. This requires authorisation from the parent(s) with parental authority.              

The court will schedule a meeting: the court hearing. The parent(s) and/or the temporary guardian and the child will receive an invitation for this. After the judge’s ruling, the parent(s) with parental authority receives a document: a decision. It contains the ruling. 

The person appointed by the court as a temporary guardian can represent the interests of the minor with the court decision. He makes important decisions together with the child and takes care of him. Children who are a little older can decide not to live with their temporary guardian. Then the temporary guardian will supervise the child in living independently.