3.2 - Establishing authority after a ruling
#language: en Feature: 3.2 - Establishing authority after a ruling Preconditions for this request: | 1.1 Staat persoon (minderjarige) als ingezetene in de BRP? | Ja | | 1.2 Is persoon a. minderjarig en b. niet overleden? | Ja | | 1.3 Is minderjarige naar het buitenland geëmigreerd geweest? | Nee | | 1.3a Is minderjarige in buitenland geboren? | Nee of geadopteerd met NL akte | | 1.4 Uitspraak gezag aanwezig? | Ja | | 3.1 Is er sprake van een recente gebeurtenis? | Nee | Ruling should be understood broadly here. It covers all legal facts that affect the authority and that originate from the court (the parental authority register) . What is the indicatie gezag minderjarige? Indicatie gezag minderjarige indicates whether there is parental authority (sole or joint parental authority), joint authority of a parent and a non-parent, or guardianship (one or two non-parents). Indicatie gezag minderjarige is filled only on the basis of an extract obtained from the parental authority register of the court, and has therefore always come about from a legal fact. How to establish this: Joint parental authority: indicatie gezag of the gezagsverhouding contains the value ‘12’. Sole parental authority: indicatie gezag of the gezagsverhouding contains the value ‘1’ or ‘2’. Joint authority: indicatie gezag of the gezagsverhouding contains the value ‘1D’ or ‘2D’. Guardianship (one or two): indicatie gezag of the gezagsverhouding contains the value ‘D’. Notes • It is not (always) checked whether a recorded gezagsverhouding has been corrected, changed, has taken effect or has ended. -> issue https://github.com/BRP-API/brp-api-gezag/issues/171 has been created for this Recommendations • Adding information about guardians where there is guardianship; this could be retrieved from the parental authority register Fields used: - Indicatie gezag van de gezagsverhouding (authority indication of the authority relationship) -> 11.32.10 Background: Given the person 'Klaartje' with citizen service number '000000012' * is of full age, has not died and is not under guardianship And the person 'Arjan' with citizen service number '000000024' * is of full age, has not died and is not under guardianship And the person 'Nathan' with citizen service number '000000036' * is a minor * was born in the Netherlands * is registered in the BRP * has 'Klaartje' as parent 1 * has 'Arjan' as parent 2 Rule: An authority ruling indicating that both parents hold authority has been recorded from the parental authority register Scenario: Both parents hold authority on the basis of indicatie gezag Given a judicial ruling on authority has been made for 'Nathan' with the following data | indicatie gezag minderjarige (32.10) | ingangsdatum geldigheid (85.10) | | 12 | 20230101 | When 'gezag' is requested for 'Nathan' Then the authority over 'Nathan' is joint parental authority with parent 'Klaartje' and parent 'Arjan' Rule: An authority ruling indicating that one parent holds authority has been recorded from the parental authority register Scenario: Only the mother holds authority over the child Given a judicial ruling on authority has been made for 'Nathan' with the following data | indicatie gezag minderjarige (32.10) | ingangsdatum geldigheid (85.10) | | 1 | 20230101 | When 'gezag' is requested for 'Nathan' Then the authority over 'Nathan' is sole parental authority with parent 'Klaartje' Scenario: Only the father holds authority over the child Given a judicial ruling on authority has been made for 'Nathan' with the following data | indicatie gezag minderjarige (32.10) | ingangsdatum geldigheid (85.10) | | 2 | 20230101 | When 'gezag' is requested for 'Nathan' Then the authority over 'Nathan' is sole parental authority with parent 'Arjan' Rule: An authority ruling indicating that there is joint authority has been recorded from the parental authority register Scenario: The mother holds joint authority over the child together with an unknown third party, resulting in GezamenlijkGezag Given a judicial ruling on authority has been made for 'Nathan' with the following data | indicatie gezag minderjarige (32.10) | ingangsdatum geldigheid (85.10) | | 1D | 20230101 | When 'gezag' is requested for 'Nathan' Then the authority over 'Nathan' is joint authority with parent 'Klaartje' and an unknown third party Scenario: The mother holds joint authority over the child together with an unknown third party, resulting in GezamenlijkGezag Given the person 'Iefke' with citizen service number '000000061' * is of full age Given the person 'Paul' with citizen service number '000000085' * is of full age Given 'Iefke' and 'Paul' are married to each other with the following data | datum huwelijkssluiting/aangaan geregistreerd partnerschap (06.10) | | 20230101 | Given 'Iefke' and 'Paul' have divorced with the following data | datum ontbinding huwelijk/geregistreerd partnerschap (07.10) | | 20231230 | And the person 'Bea' with citizen service number '000000091' * was born on 4-4-2023 * was born in the Netherlands * is registered in the BRP * has 'Iefke' as parent 1 Given a judicial ruling on authority has been made for 'Bea' with the following data | indicatie gezag minderjarige (32.10) | ingangsdatum geldigheid (85.10) | | 1D | 20230404 | When 'gezag' is requested for 'Bea' Then the authority over 'Bea' is joint authority with parent 'Iefke' and an unknown third party Scenario: The father holds joint authority over the child together with an unknown third party, resulting in GezamenlijkGezag Given a judicial ruling on authority has been made for 'Nathan' with the following data | indicatie gezag minderjarige (32.10) | ingangsdatum geldigheid (85.10) | | 2D | 20230101 | When 'gezag' is requested for 'Nathan' Then the authority over 'Nathan' is joint authority with parent 'Arjan' and an unknown third party Scenario: The father as a non-parent holds authority over the child, resulting in Voogdij Given the person 'Iefke' with citizen service number '000000061' * is of full age Given the person 'Paul' with citizen service number '000000085' * is of full age Given 'Iefke' and 'Paul' are married to each other with the following data | datum huwelijkssluiting/aangaan geregistreerd partnerschap (06.10) | | 20230101 | Given 'Iefke' and 'Paul' have divorced with the following data | datum ontbinding huwelijk/geregistreerd partnerschap (07.10) | | 20231230 | And the person 'Bea' with citizen service number '000000091' * was born on 4-4-2023 * was born in the Netherlands * is registered in the BRP * has 'Paul' as parent 2 Given a judicial ruling on authority has been made for 'Bea' with the following data | indicatie gezag minderjarige (32.10) | ingangsdatum geldigheid (85.10) | | 2D | 20230404 | When 'gezag' is requested for 'Bea' Then the authority over 'Bea' is joint authority with parent 'Paul' and an unknown third party Rule: An authority ruling indicating that there is guardianship, recorded from the parental authority register Scenario: A guardian has been appointed for the child, resulting in Voogdij Given a judicial ruling on authority has been made for 'Nathan' with the following data | indicatie gezag minderjarige (32.10) | ingangsdatum geldigheid (85.10) | | D | 20230101 | When 'gezag' is requested for 'Nathan' Then the authority over 'Nathan' is guardianship