Judicial ruling

# language: en
Feature: Judicial ruling
  For a minor about whom a judicial ruling on authority has been made, the ruling is decisive for authority only where no denial of paternity, adoption or (repair) marriage has taken place after the ruling. The most recent event is decisive for the authority.

  Background:
    Given the person 'Ariana'
    * is of full age
    And the person 'Gerard'
    * is of full age

  Rule: Where a judicial ruling states that one parent holds authority, and the parents have subsequently married each other (again), there is joint parental authority
    Note: this is not always so. Where the authority was ended by an authority-terminating order of the juvenile court, a repair marriage does not restore the authority

    @to-do @skip-verify
    Scenario: the parents have remarried each other (repair marriage) after the judicial ruling
      Given the minor 'Bert' with two married parents 'Gerda' and 'Aart'
      And 'Gerda' and 'Aart' divorced 7 years ago
      And 6 years ago a judicial ruling awarded authority to 'Aart'
      And 'Gerda' and 'Aart' remarried 2 years ago
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is joint parental authority with parent 'Gerda' and parent 'Aart'

    @to-do @skip-verify
    Scenario: the parents married each other for the first time after the judicial ruling
      Given the minor 'Bert' with two parents 'Gerda' and 'Aart' who were not married to each other at the time when the minor was born
      And 6 years ago a judicial ruling awarded authority to 'Aart'
      And 'Gerda' and 'Aart' married 2 years ago
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is joint parental authority with parent 'Gerda' and parent 'Aart'

    Scenario: the parents married someone else after the judicial ruling
      Given the minor 'Bert' with two married parents 'Gerda' and 'Aart'
      And 'Gerda' and 'Aart' divorced 7 years ago
      And 6 years ago a judicial ruling awarded authority to 'Aart'
      And 'Gerda' and 'Gerard' married 2 years ago
      And 'Aart' and 'Ariana' married 1 years ago
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is sole parental authority with parent 'Aart'

  Rule: Where there is a judicial ruling and the minor has subsequently been adopted, the authority is determined by operation of law

    @to-do @skip-verify
    Scenario: after the judicial ruling the minor was adopted
      Given the minor 'Bert' with one parent 'Gerda'
      And 6 years ago a judicial ruling awarded authority to a guardianship institution
      And 'Bert' was adopted by 'Ariana' and 'Gerard' 2 years ago
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is joint parental authority with parent 'Ariana' and parent 'Gerard'

    Scenario: after the adoption there is a judicial ruling on authority
      Given the minor 'Bert' with one parent 'Gerda'
      And 'Bert' was adopted by 'Ariana' and 'Gerard' 6 years ago
      And 2 years ago a judicial ruling awarded authority to a guardianship institution
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is guardianship

  Rule: Where a judicial ruling states that both parents hold authority and the parenthood has been denied, the remaining parent holds sole parental authority

    @to-do @skip-verify
    Scenario: after a ruling awarding authority to both parents, the father denied parenthood
      Given the minor 'Bert' with two parents 'Gerda' and 'Aart' who were not married to each other at the time when the minor was born
      And 6 years ago a judicial ruling awarded authority to both parents
      And 4 years ago 'Aart' denied parenthood
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is sole parental authority with parent 'Gerda'

    @to-do @skip-verify
    Scenario: after a ruling awarding authority to the father, the father denied parenthood
      Given the minor 'Bert' with two parents 'Gerda' and 'Aart' who were not married to each other at the time when the minor was born
      And 6 years ago a judicial ruling awarded authority to 'Aart'
      And 4 years ago 'Aart' denied parenthood
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is temporarily no authority, with the explanation 'Tijdelijk geen gezag omdat ouderschap door de gezagshouder is ontkend.'

  Rule: Where a judicial ruling states that one parent holds authority, there is sole parental authority

    Scenario: the authority has been awarded to one of the two parents
      Given the minor 'Bert' with two parents 'Gerda' and 'Aart' who were not married to each other at the time when the minor was born
      And a judicial ruling awarded authority to 'Aart'
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is sole parental authority with parent 'Aart'

  Rule: Where a judicial ruling states that both parents hold authority, there is joint parental authority

    Scenario: the authority has been awarded to both parents
      Given the minor 'Bert' with two parents 'Gerda' and 'Aart' who were not married to each other at the time when the minor was born
      And a judicial ruling awarded authority to both parents
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is joint parental authority with parent 'Gerda' and parent 'Aart'

  Rule: Where a judicial ruling states that a guardian holds authority, there is guardianship

    Scenario: the authority has been awarded to a guardianship institution
      Given the minor 'Bert' with two parents 'Gerda' and 'Aart' who were not married to each other at the time when the minor was born
      And a judicial ruling appointed a guardianship institution as guardian
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is guardianship

    Scenario: the authority has been awarded to a third party
      Given the minor 'Bert' with two parents 'Gerda' and 'Aart' who were not married to each other at the time when the minor was born
      And a judicial ruling appointed a third party as guardian
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is guardianship

  Rule: Where a judicial ruling states that one of the parents holds authority together with a third party, there is joint authority

    Scenario: the authority has been awarded to one of the parents and a third party
      Given the minor 'Bert' with two parents 'Gerda' and 'Aart' who were not married to each other at the time when the minor was born
      And a judicial ruling awarded authority to 'Gerda' and a third party
      When 'gezag' is requested for 'Bert'
      Then the authority over 'Bert' is joint authority with parent 'Gerda' and an unknown third party