Compensation for withdrawing travel consent
Court orders mother to pay compensation to the father for withdrawing her travel consent two days before father and child would departure A father had planned a holiday to Cape Verde with his daughter and new partner. The mother initially gave consent but withdrew it...
Father’s sudden relocation allowed by the court
A father relocated with the children without the mother’s consent. The mother requested the court to order him to return within two months. However, the court ultimately ruled that, despite the father’s failure to seek prior consent, his relocation was justified due...
Sole custody, but not allowed to relocate
Despite having sole parental authority, the mother is obliged to relocate back A mother relocated with her daughter to a place 200 km away from the father, without the father knowing. Although she had sole parental authority, the court of appeal ruled that the mother...
Relocation without permission must be undone
A father relocated with his children to a city 123 km away from their original home, without the mother’s consent or court approval. Although the court later granted him permission for the move, the court of appeal annulled this decision and ruled that a parent who...
Care arrangement from Dubai
Father obligated to continue the care arrangement every other weekend after moving to Dubai The children have their main residence with the mother in the Netherlands. Father does not need permission from the mother or the court to relocate to Dubai. However, the court...
Permission not required
Permission not required After the end of their relationship, the mother decided to move to a new residence with her daughter. The father requested the court to compel the mother to return to their original residence, claiming that she needed his consent to relocate....
Livres pour enfants sur le divorce
What are good children books about divorce? When you are going through a divorce, it is important to communicate with your child. Reading books together can be a wonderful way to get the conversation started. The website Muddy Stilettos asked Family Lawyer, Annabel...
Puis-je obtenir mon divorce aux Pays-Bas ?
Whether you can have your divorce in the Netherlands is regulated by the Brussels II ter regulation. This regulation determines whether the court in the Netherlands has jurisdiction to deal with a petition for divorce. Under Article 3a, the Dutch court has...
12 mois d'emprisonnement avec sursis
District Court of Gelderland July 1 2022, ECLI:NL:RBGEL:2022:3355 The mother withdrew her three-year-old daughter from the father's legal custody for 14 months. Now she gets a suspended prison sentence with probation and she must pay damages. Unknown address The...
L'exception du risque grave
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. The court can refuse, based on the grave risk exception....
La résidence habituelle d'un enfant
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. In order to do so,...
Les grands-parents peuvent-ils avoir un droit de visite avec leurs petits-enfants ?
Grandparents can play an important and positive role in the grandchildren's life. Certainly during the separation of the parents, they can provide a safe and stable place for the children, where they talk about the divorce and process all the changes. But can...
Enlèvement international d'enfants : l'âge fait-il une différence ?
What difference does the age of the child make when it comes to The Hague Convention, and a request to return the child to the country where the child has it’s habitual residence? Article 4 of the Convention First of all, article 4 of the Convention states: the...
Fausses accusations dans un procès familial
Making false accusations in a family lawsuit is a criminal offense if the declarant knew at the time he or she made the declaration that the accusation was not true (art. 188 of the Dutch Crinimal Code). In practice, reporting that someone has made a false declaration...
La différence entre l'insulte, la diffamation et la calomnie
What is the difference between insult, defamation and slander? These words are often confused, but do not have the same meaning. Let me give you a short explanation, based on the Dutch Criminal Code. Insult Making an insult is a criminal offense. It may be a public...
Un travailleur posté peut-il avoir un bon accord de visite ?
Does being a shift worker have a negative effect on your right to see the children? Does working irregular hours mean you will hardly see the kids? No, it should not. The care arrangement or visitation arrangement should be bases on the best interests of the children...
La loi dans les différents États des États-Unis.
This website (www.findlaw.com) wil give you legal information about the law in the different States 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...
La garde parentale en droit syrien
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...
Ordonnance d'injonction de voirie avec astreinte
District Court of North Holland 8 June 2020, ECLI:NL:RBNHO:2020:4118 The man had been given a chance by the judge a week earlier. But he violated the previous restraining order. Now he gets not only a restraining order, but also a street injuction order, both with a...
Une grand-mère doit retirer ses photos de 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...
Le "refus" des enfants n'est pas accepté
District Court of The Hague March 26 2020, ECLI:NL:RBDHA:2020:2861 The court does not see any ground for 'refusal', because the children's resistance is the result of the negative image father has of mother and their dependence on father. The Guardian ad litem had...
Utilisation exclusive de la maison sans divorce
District court of Oost-Brabant April 20 2020, ECLI:NL:RBOBR:2020:2309 In this case, the woman asked the court in summary proceedings for the right of use of the house and provisional entrustment of the children in stead of in a divorce procedure. The parties were...
Objectif et teneur de la recherche sur la parentalité
Appeal court Den Bosch May 7 2020, ECLI:NL:GHSHE:2020:1520 What can and cannot be expected from a parenting study? Research into the limitations of parties amounts to a psychological examination of the parents and that does not fall within the powers of a parenting...
Pas de photos pour le père
Appeal Court Den Bosch April 30 2020, ECLI:NL:GHSHE:2020:1452 Almost 14-year-old: "no photos for father" In this case, the Dutch court took into account the opinion of the 14-year-old when establishing the obligation to provide information, since providing photos of...
La résidence habituelle d'un bébé
Monasky v. Taglieri Supreme Court of the United States, February 25 2020 Do you need an agreement to have 'shared parental intent'? In Monasky v. Taglieri the Supreme Court rejected Monasky's argument that an actual agreement was required in order to establish shared...
Est-ce un acte criminel si vous enlevez votre propre enfant ?
Appeal Court The Hague December 2 2019, ECLI:NL:GHDHA:2019:3154 In this case a father kept the children away from their mother for a period of 11 years. The Appeal Court sentenced him to imprisonment for a period of 42 months. The Appeal Court also decided that he has...
Où dois-je signaler la violence domestique ?
Veilig Thuis www.veiligthuis.nl Domestic violence, child abuse, elderly abuse Where to report your concerns? Veilig Thuis (Safe Home) is the Dutch organisation that you can contact if you are a victim and you need help to get out of the aggressive situation. You can...
L'aide aux victimes aux Pays-Bas
Where to go to for support, assistance and advice? www.slachtofferhulp.nl Victim Support The Netherlands (Slachtofferhulp Nederland) is a Dutch organisation. This organisation can help you with emotional support after an accident or assault. They can also explain the...
L'Autorité centrale néerlandaise
How to contact the Dutch Central Authority to file a return request www.government.nl/topics/international-child-abduction The Dutch Central Authority is the first organisation to talk to if you want to file a return request. They will do some research before deciding...
Qui contacter ?
Centrum IKO www.kinderontvoering.org The Dutch International Child Abduction centre If you wish to file a return request about a child who has been abducted to the Netherlands, you want to know who to contact. In a case of child abduction, you can contact the Dutch...
Permission de voyager
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. This way you can proof...
Calcul de la pension alimentaire
Rapport alimentatienormen 2020 www.rechtspraak.nl A yearly updated report by the courts expertgroup on alimony The Dutch court wrote an extensive explanation of the way the monthly amount of alimony is calculated and this report is updated every year. Unfortunately it...
Exécution des ordonnances alimentaires
LBIO www.lbio.nl/international-maintenance-allowance If you need help executing the alimony order If you have a court decision about child maintenance or spoucal maintenance, you can ask the Dutch LBIO to collect the money for you. The LBIO does not charge you for...
Couples Europe
28 European Countries www.coupleseurope.eu This website gives you a short summery of the legal situation in 28 countries. The first site to check in case of an international divorce. It tells you which law is applicable on the couple's property in the county. It also...
Villa Pinedo
Villa Pinedo www.villapinedo.nl/english A place for children from divorced parents A website with information for children. It wants children to know that there is a place where they can go to share experiences and get advice from other children. But the website is...
L'enfant est renvoyé en attendant l'appel
Chafin v. Chafin Supreme Court of the United States, February 19, 2013 Is the appeal useless, if the child is already returned? In Chafin v. Chafin the U.S. Supreme Court decided that an appeal procedure does not become moot if the child is returned pending appeal. ...
La garde conjointe malgré les problèmes entre les parents
Supreme Court of the Netherlands March 27 2020, ECLI:NL:HR:2020:533 The child will get trapped between the parents, so there can be no joint custody? The mother is not given sole custody because she acts against the interests of the daughter by not offering the father...
Deux résidences habituelles ?
Appeal Court of The Hague April 3 2019, ECLI:NL:GHDHA:2019:758 Can a child have two habitual residences? The Appeal Court of The Hague has changed it's mind on this subject. It has now decided that a child can have only one habitual residence. Even when the parents...
Quand avez-vous la "garde" ?
Abbott v. Abbott Supreme Court of the United States, May 17 2010 When do you have 'custody' as meant in the Convention? In Abbott v. Abbott the Supreme Court decided that a ne exeat order gives a right of custody to the non-custodial parent under the Hague Convention...
Texte intégral de la Convention de La Haye
The Hague Convention www.hcch.net The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction You can read the text of the Convention on the website of the HCCH, the Hague Conference on International Private Law. Read the full text of...