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Family law2021-06-30T11:18:11+02:00

 Family law

Besides divorce procedures, there are many other family law issues on which we can advice.

Today, many people’s private lives are not organized by marriage and all laws about marriage. People have children without marriage. Or they will live together after the divorce with their children and the new partner. There are families with same-sex parents. Parents that have adopted. People who buy a house together, without a cohabitation contract. People who don’t know if they are really the parent of the child. Parents who have never properly regulated custody of their child. Parents who argue about whether or not one of them can take the children abroad, for a holiday or for a longer period.

We are happy to help you find solutions for any of these issues.

Scroll down to read more about these family law issues:

  • family law subjects that we can help you with
  • A-Z explained
  • FAQ
  • other relevant websites
  • our blogs
  • case law on these family law issues

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Family law

Custody and guardianship

If  you wish to gain (sole) custody, or if you are not sure whether or not you have custody, we can advice.

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Recognition

You can recognize a child before birth, afther birht, or even when the child is an adult. You don’t need a lawyer.

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Establishment of paternity

When the child is not born during marriage, the mother might need to ask the court to determine the legal fatherhood of the biological father.

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Denial of paternity

When a child is born during the marriage, the husband will automatically become the legal father of the child. However, both the mother and the father can go to court to deny the fatherhood of the legal father.

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Visitation rights

When there is joint authority, this is called a care scheme. If there is no joint authority, it is called a visitation arrangement. In both cases, the child has the primary residence with one parent and an arrangement with the other parent.

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Forename

One’s forename can only be changes by a decision of the court. The request should be submitted to the court by a lawyer. The change of the forename will only be allowed if there is a good reason for it. Of course adoption or gender reassignment will be a good reason, but also more specific personal or familial circumstances can be mentioned as a good reason for this personal request.

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Family names

You can send your request to change your family name, or the family name of your child yourself to the Ministry of Justice. However, many of our clients have asked us to handle the paperwork for them, to make sure the request is according to the Dutch law and can get approved.

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Adoption

We differentiate the standard adoption from stepparent adoption and co-mother adoption. In all cases the decision about the adoption is made by the court.

We can offer legal services for both types of adoption.

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Read more about Family law

A-Z explained

We would like to explain all the relevant terms to you, both the English terms as the Dutch terms that you might be confronted with. If you miss anything, just let us know.

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Frequently asked questions

We have listed the frequantly asked questions on this subject with the ansewers. Whe also refer to other relevant sources within our website or elsewhere. If your question is not on the list, please get in touch with our firm.

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What are the costs of family law procedures?

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More information for you to read through

Public sources

Information about the law of the different States of the U.S.

This website (www.findlaw.com) wil give you legal information about every State of the U.S. It is a good place to start your enquiry for information about family law in the different states of the U.S.

In some divorce cases there might be more then one court that could deal with the divorce procedure. You could have a preference for one court over the other. In other cases the court in one country or state might need to apply the laws of one othe the states of the U.S. In cases like that, it is important to be well informed, and sometimes, also te […]

Permission to travel

Authorisation form

Download the authorisation form here.

What do I need to travel abroad with our child?

If you are travelling with your child, but without the other custodial parent, you  need to bring this form, signed by the other parent.

Also, you need to bring the documents that are mentioned on the form, such as:

  • Copy/copies of authorising adult’s passport(s) or identity card(s).

The following additional documents may be required, depending on your personal situation:

• A recently issued international extract from the Personal Records Database (BRP) relating
to the minor (can be requested from the municipality).
• A recently issued extract from the parental responsibility […]

Our blogs

Physical or psychological danger: the grave risk exception

If a child has been abducted by it’s parent to another country, the other parent can ask the court in that country to order the return of the child to the country where the child lived before the abduction.

Grounds for refusal

The judge can refuse to give that order, on the grounds that there is a serious risk that the child in that country will be exposed to a physical or mental danger, or be put in an unbearable condition in any other way (Article 13, paragraph 1 sub b Hague Child Abduction Convention). After all, in that case the disadvantage […]

What is the habitual residence of a child?

The Hague Child Abduction Convention aims to ensure the immediate return of children who have been unlawfully transferred or detained in a Contracting State. The treaty serves to protect the children, but also to protect existing rights of access.

The procedure in which the court is requested to order the return of the child is conducted in the country where the child is currently residing. That court must determine the habitual residence of a child. The country where it previously lived, or the country where […]

Case law

Parental authority under Syrian law

Court of Zeeland West Brabant

10 April 2020, ECLI:NL:RBZWB:2020:2149

The court determines that under Syrian law the parents have joint parental authority. And that now that the child lives in the Netherlands, the Dutch court may, on the basis of Dutch law, give the mother sole parental custody.

The mother has stated that after the divorce in Syria in 2011, she fled Syria in 2014 with the child. They have been living in the Netherlands since 2015. She has been in charge of the care of the minor since 2011. She hasn’t heard from the father since her departure.

The father did not […]

Grandmother not allowed to put pictures on Facebook

Court of Gelderland

13 May 2020, ECLI:NL:RBGEL:2020:2521

In this case, the court ruled that the grandmother had to remove the photos and was no longer allowed to post new photos. He imposed a penalty. The grandmother violated the Dutch General Data Protection Regulation (AVG), because posting the photos was not a purely personal or domestic activity.

Facebook en Pinterest
The mother did not allow the grandmother to put pictures of the child on her Facebook and Pinterest accounts. The father, who lives elsewhere, indicates that he too does not want pictures of his son on social media.

Self-made photo’s
Grandma states that she took […]

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