Jan 14, 2024 | Blog, Child abduction, Home-blog, The Netherlands case law
Return order not required The removal or the retention of a child is to be considered wrongful if this is happening without consent of the other parent with custodial rights. That parent can choose to start a Return procedure, to ask the court for a return order. But...
Aug 22, 2023 | Child abduction, Home-blog, The Netherlands case law
The meaning of an Article 15 declaration In a child abduction case, a parent can produce an Article 15 declaration. This is a declaration by the court in the country of origin that the child’s removal or retention in the other country is wrongful. Using my...
Dec 4, 2022 | Child relocation, The Netherlands case law
In this court procedure in The Netherlands the child’s opinion was not decisive, even though the child was 10 years old. District court The Hague, The Netherlands 15 October 2021, ECLI:NL:RBDHA:2021:11036 Mother asks permission to relocate The mother again asks...
Nov 27, 2022 | Child relocation, The Netherlands case law
What happens if the child was relocated during proceedings at Spanish court? District court of Gelderland, The Netherlands November 17 2022, ECLI:NL:RBGEL:2022:6434 On 17 November 2022, the Gelderland District Court gave an interesting ruling on a young child...
Jul 8, 2022 | Child abduction, Martine Wernsen, The Netherlands case law
12 months of suspended prison sentence for the mother who 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. District Court of Gelderland July 1...
Jun 10, 2022 | Child relocation, Martine Wernsen, The Netherlands case law
How not to involve the children Arnhem Court of Appeal, The Netherlands May 24, 2022, ECLI:NL:GHARL:2022:4136 Mother moved anyway After the divorce, the father and mother both lived in the same residence. The court had rejected the mother’s request to...
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