Art. 1:251a BW (Dutch Civil Code)


1. After the marriage has been dissolved other than by the death of after legal separation, the judge may determine, at the request of the parents of one of them, that the custody of a species belongs to one parent, if:

a. there is an unacceptable risk that the child would be lost or trapped between the parents and this situation is not expected to improve sufficiently in the foreseeable future,


b. change of authority otherwise in the best interests of the child that is necessary.

2. The decision on the grounds of the first paragraph is given by the decision on the legal separation, the divorce and on the dissolution of the marriage after the legal separation or by subsequent decision.

3. If a decision under paragraph 1 did not concern all the children of the spouses, the court shall complement the decision at the request of one of the parents or the Child Protection Board or on its own inititative.

4. The judge may, if it turns out that the minor of twelve years or older appreciates this, makes a decision on the basis of the first paragraph. The same applies if the minor did not yet reach the age of twelve, but can be considered capable of a reasonable valuation of his interests in this regard.

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