Procedure for the Dutch Court
International Child Abduction
If your child has been abducted to the Netherlands, you can start a court procedure for the Court in The Hague, based on the Hague Convention on Child Abduction. The Court of The Hague has jurisdiction in all abduction cases in the Netherlands. You don’t have to wait for the result of mediation. Cross Border Mediation can start after you have started the procedure.
As your lawyer, I will:
- Discuss with you whether or not you have rights of custody over the child
- Discuss if the Convention is applicable
- Explain to you what documents need to be presented
- Discuss what proof is available and how it can be presented to the court
- File the documents to the court and be present with you or on your behalf at the hearing
- I will guide you through the procedure and explain everything about mediation, the guardian ad litem etcetera.
If your current lawyer conducts the negotiations for you, I will be happy to inform and advise you and your lawyer. Most family lawyers only have to deal with an international child abduction case every once in a while. Because abduction procedures are deal with in a short period of time, it is efficient if I can quickly point your lawyer to the relevant legal sources and think together with you and your lawyer about the strategy to be pursued.
If you participate in Cross Border Mediation in the Netherlands, you will participate in the talks together with the other parent and the 2 mediators. The lawyers do not take part in those talks. As your lawyer, I will be available for consultation throughout the mediation so that you can proceed with these talks well-informed.
Please contact me to find out how I can help.
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