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...
Jun 2, 2022 | Child abduction, Martine Wernsen, The Netherlands case law
Permission to move not required Court of Midden-Nederland, The Netherlands 9 June 2021, ECLI:NL:RBMNE:2021:2432 A parent does not need (replacement) permission to move, if the child does not move with him. The parents have joint custody of the child. The child is...
May 31, 2022 | Child abduction, Child relocation, Martine Wernsen, The Netherlands case law
Mother had sole custody, but must return the child Supreme Court, Netherlands October 15, 2021, ECLI:NL:HR:2021:1513 The mother with custody moved with the child to an unknown destination before the parties became joint custodians. Nevertheless, the court may decide...
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, 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...
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