May 30, 2022 | Child abduction, Martine Wernsen, The Netherlands case law
Is it a criminal offence if you abduct your own child? Appeal Court The Hague, The Netherlands, 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...
May 26, 2022 | Child abduction, Martine Wernsen, The Netherlands
Is child abduction a criminal offence? In the Netherlands it is a criminal act to keep a child from the person(s) who has custody over the child. It is called ‘withdrawal from authority’. This criminal act is described in article 279 of the Dutch Criminal Law. The...
May 26, 2022 | Child abduction, Home-blog, Martine Wernsen, The Netherlands case law
Children’s refusal not accepted District Court of The Hague, The Netherlands March 26 2020, ECLI:NL:RBDHA:2020:2861 In this case the court does not see any ground for ‘refusal’, because the children’s resistance is the result of the negative image...
May 22, 2022 | Habitual residence, Martine Wernsen, The Netherlands case law, Uncategorized
One place of habitual residence Court of Appeal The Hague, The Netherlands April 3, 2019 In child abduction cases, the court must determine where the child had his or her habitual residence immediately prior to his or her removal or retention. Sometimes a child may...
May 10, 2022 | Child abduction, Martine Wernsen, The Netherlands
When the other parent blocks access without good reason and in violation of the children’s and the father’s rights to see each other, a legitimate question is: what will the Dutch police do for me? If you have a Dutch court decision that says you have a...
Apr 27, 2022 | Child abduction, ECJ case law, Martine Wernsen
Habitual residence: intention European Court of Justice, August 21st 1992 Re B. (Minors) (Abduction) (No. 2) [1993] The children, two boys, were 3 2/3 and 2 1/4 at the date of the alleged wrongful retention. They had lived in England, Scotland and Germany. The...
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