joint authority of a person of full age over a child of a (former) partner

#language: en

Feature: joint authority of a person of full age over a child of a (former) partner

  Joint authority is authority held by a parent and a non-
  parent together. You can obtain this authority automatically or through the court.

  You obtain the authority automatically where:
  • The child was born during your marriage or registered partnership.
  • You did not become a parent (because an unknown donor was used) and there is no other parent either.

  Sometimes you have to ask the court to obtain joint authority. That is the case where you are the parent of a child but your
  partner is not. You need a lawyer to ask the court for joint authority.

  For acknowledgements made before 1 January 2023, the acknowledger does not automatically obtain joint authority
  with the mother, not even where the child is born after 1 January 2023.

  This can occur, for example, in the following situation:
  • As the father or mother you hold sole authority. After a divorce or the death of your partner, for example.
  • You want to hold joint authority with your new partner.

  Where you as a partner hold joint authority with the parent of the child, this is not visible in your own data.
  The relationship is recorded in the data of the child and has to be determined from that data.

  When determining authority, the data of your children and of the children of your partner is therefore retrieved.
  Potential authority relationships are then determined from the data of the children. It is important here that, where a child has been acknowledged, the acknowledgement was made after 1 January 2023.

  Background:
    Given the person 'Ludo' with citizen service number '000000012'
    * is of full age
    * is registered in the BRP
    And the person 'Laura' with citizen service number '000000024'
    * is of full age
    And the person 'Linda' with citizen service number '000000036'
    * is registered in the BRP
    * is a minor
    * was born in the Netherlands
    * has 'Laura' as parent 1

  Rule: a person of full age who holds joint authority over a child of the partner is supplied the authority relationship

  Scenario: the person automatically holds joint authority over the child of the partner, there is GezamenlijkGezag
    Given 'Ludo' and 'Laura' are married to each other
    When 'gezag' is requested for 'Ludo'
    Then 'Ludo' has the following authority relationships
    * the authority over 'Linda' is joint authority with parent 'Laura' and third party 'Ludo'

  Scenario: the person holds joint authority by operation of law over the minor child of the partners, there is GezamenlijkOuderlijkGezag
    Given person 'Linda'
    * was acknowledged by 'Ludo' as parent 2, by judicial establishment of parenthood, on 01-01-2023
    When 'gezag' is requested for 'Linda'
    Then 'Linda' has the following authority relationships
    * the authority over 'Linda' is joint parental authority with parent 'Ludo' and parent 'Laura'

  Rule: where the parent dies or is placed under guardianship, the partner holds sole authority over the child

  Scenario: the partner of a parent under guardianship holds authority over a child born within the marriage who has not been acknowledged, there is Voogdij
    Given person 'Laura'
    * is under guardianship
    And 'Laura' and 'Ludo' are married to each other
    When 'gezag' is requested for 'Ludo'
    Then 'Ludo' has the following authority relationships
    * the authority over 'Linda' is guardianship with third party 'Ludo'

  Scenario: the former partner of a parent under guardianship holds authority over a child born within the marriage who has not been acknowledged, there is Voogdij
    Given person 'Laura'
    * is under guardianship
    And 'Laura' and 'Ludo' are married to each other with the following data
      | datum huwelijkssluiting/aangaan geregistreerd partnerschap (06.10) |
      | gisteren - 19 jaar                                                 |
    And 'Laura' and 'Ludo' have divorced with the following data
      | datum ontbinding huwelijk/geregistreerd partnerschap (07.10) |
      | gisteren - 2 jaar                                            |
    When 'gezag' is requested for 'Ludo'
    Then 'Ludo' has the following authority relationships
    * the authority over 'Linda' is guardianship with third party 'Ludo'

  Scenario: the (former) partner of a deceased parent holds authority over a child born within the marriage who has not been acknowledged, there is Voogdij
    Given 'Laura' and 'Ludo' are married to each other
    Given person 'Laura'
    * has died
    And the person 'Janine' with citizen service number '000000048'
    * is of full age
    And 'Ludo' and 'Janine' are married to each other
    When 'gezag' is requested for 'Ludo'
    Then 'Ludo' has the following authority relationships
    * the authority over 'Linda' is guardianship with third party 'Ludo'

  Scenario: the (former) partner of a deceased parent, by now married to someone else, holds authority over a child born within the marriage who has not been acknowledged, there is Voogdij
    Given 'Laura' and 'Ludo' are married to each other
    Given person 'Laura'
    * has died
    And the person 'Janine' with citizen service number '000000048'
    And 'Ludo' and 'Janine' are married to each other with the following data
      | datum huwelijkssluiting/aangaan geregistreerd partnerschap (06.10) |
      | gisteren - 1 jaar                                                  |
    When 'gezag' is requested for 'Ludo'
    Then 'Ludo' has the following authority relationships
    * the authority over 'Linda' is guardianship with third party 'Ludo'