Court appointed guardian or guardian
Where there is a dispute between a child and the parent(s) exercising parental authority, the court may appoint a guardian ad litem to attend to the child’s interests, for a child is represented at law by the person having authority over him or her.
Under Book 1, Article 212 of the Dutch Civil Code [Burgerlijk Wetboek], a curator ad litim is always appointed when there is a denial of paternity and a conflict of interest may arise between parent and child, for it may be in the interest of the child to retain a legal father. Also in cases when a biological father wants to acknowledge the child, but the mother does not grant her permission, a curator ad litim is appointed to represent the child and advise the court.
The guardian ad litem functions as a mediator. There is a growing body of opinion – the Ombudsman for Children (Kinderombudsman), for instance, is in favour – to appoint a guardian ad litem more often after a divorce where the parents fight each other and the children are trapped between the parents.
Annette van Keulen and Marion Drielsma have completed the relevant training programmes in order to be appointed as curators ad litim.
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