How do I proof that I did not consent?

First of all, what you need to keep in mind is that the parent who states that there was consent to relocate the child, has to proof that there was indeed consent. But if you wish to proof that there was no consent, you can use everything that seems relevant to proof this. It could be old e-mails or what's app messages, that show that you did not consent. Or that the move would be temporary. Besides that you could use pictures, contracts, plain tickets or insurence papers. You can also use statements from relatives or others who where aware of the plans. Or statements from employers or schoolmanagement. In conclusion: you can use just about anything that shows what were the plans for the future.

Does the age of the child matter?

Yes, age matters. Article 4 of the convention states that the convention ceases to apply as soon as the child reaches the age of 16. That means that a trial started when the child was almost 16 years old is of no use when the child reaches the age of 16 before there is a court decision. The age of the child can matter in other ways as well. Child interview For example, in an international child abduction case, the Dutch court will invite the child to a child interview when the child is six years or older. If the child is under 6, the parents can request the court to hear the child. Art. 13 part 1 b of the convention Article 13 (1) (b) of the Convention states that the return of a kidnapped child can be refused by the court if there is a serious risk that the child will be exposed to a physical or mental danger when he returns to the country of his habitual residence, or is brought into an unbearable condition in any other way. The young age of a child may be important in this regard. The young age of a child may be important in this regard, but it is not decisive in itself. In addition to the young age, there will have to be additional circumstances. This is also the case when a very young child will be separated from the kidnapping parent after returning to the country of origin because they will not return. The young age in itself is not enough to conclude that the child will be in an unbearable condition upon return.

What will the Dutch police do for me?

If you have a Dutch court decision that says you have a visitation arrangement with your child, the police can help you to get access to your child. The police can be reluctant. If there is for instance a child protection decision that the Child Protection Service has (part of) the custody, they might refuse to enforce the decision. You can consider making a report of a criminal offence by the other parent. In the Netherlands emotional abuse (coercive control) is not a criminal act. (In the United Kingdom, Wale, Schotland, Ireland, Australia, New Sealand and the United States it is a criminal act.) You can report: - Keeping the child from your custody / withholding you access to your child - Keeping the child from school without reason - Defamation or slander Reporting the criminal offence can lead to new information, through the assistance of the police. You can also ask for a copy of all police registrations involving your child. And off course the Dutch prosecutor will make a request for international legal aid when necessary.

Archief FAQs - Pagina 2 van 2 - Family Lawyer The Hague

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