BEM clause and your child: Legal advice

Questioner

Ir/Madam: What should a petition to the subdistrict court for a BEM clause for a savings account for a child look like? In the event of divorce, should this request be made by both parents or only by the parent to whom the children are assigned? Does the account in question have to be opened first or can this be done after the request has been approved?

Lawyer

You do not need permission from the subdistrict court to open a BEM account, but you do need permission to withdraw. Take a look at: http://blog.spaarrente.nl/rekening-met-bem-clusie Since both parents (with parental authority) manage the assets of the minors, you will also have to open the account and establish the clause together.

Questioner

Thank you for this response. The banks, including ABN-AMRO and ING, are requesting confirmation that the BEM clause has been granted by the subdistrict court. In this case, the children's father refuses to cooperate, simply to frustrate his ex. For that reason, he emptied the children's savings accounts (money from a grandparent) and deposited the money into the mother's private account with the intention of sabotaging her rent subsidy. My question now is: How can the children's savings be blocked so that the father in particular, but also the children and the mother, cannot access them until their 18th birthday?