Feb 4, 2023 | The Netherlands
The guardian ad litem plays a major role in return proceedings before the court in the Netherlands. In return proceedings, the court appoints a guardian ad litem (Article 1:250 of the Civil Code) for every minor aged 3 years or older. If an appeal is lodged, the...
Feb 4, 2023 | Martine Wernsen, The Netherlands
De bijzondere curator speelt in de teruggeleidingsprocedure voor de rechtbank in Nederland een grote rol. De rechtbank benoemt in teruggeleidingsprocedures een bijzondere curator (artikel 1:250 BW) voor iedere minderjarige van 3 jaar of ouder. Als er hoger beroep...
Dec 11, 2022 | The Netherlands
Child Abduction: Is it always the mother? When the Hague Convention on Child Abduction was written, it was in most cases the father who decided to bring the child back to his home country. The father would then take care of the child himself or leave the child in the...
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, The Netherlands
Child interview in The Netherlands The Hague Convention on Child Abduction does not demand the court to talk to the minor. However, EU countries (exept Denmark) are bound by the Brussel II bis regulation. Article 11 of his regulation states that in an abduction court...
May 26, 2022 | The Netherlands
How to contact the Dutch Central Authority The Dutch Central Authority (Centrum IKO) is the first organisation to talk to if you want to file a return request yourself without starting a court procedure yet. They will do some research before deciding if they will...
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