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12 months of suspended prison sentence

12 months of suspended prison sentence

Jul 8, 2022 | Child abduction, Martine Wernsen, The Netherlands case law

District Court of Gelderland July 1 2022, ECLI:NL:RBGEL:2022:3355 The mother 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.  Unknown address...
How not to involve the children

How not to involve the children

Jun 10, 2022 | Child relocation, Martine Wernsen, The Netherlands case law

Arnhem Court of Appeal, The Netherlands May 24, 2022, ECLI:NL:GHARL:2022:4136 After the divorce, the father and mother both lived in the same residence. The court had rejected the mother’s request to move with the children (8, 10 and 12 years old) to another...
How not to involve the children

Permission to move not required

Jun 2, 2022 | Child abduction, Martine Wernsen, The Netherlands case law

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 registered at the mother’s...
How not to involve the children

Mother had sole custody, but must return the child

May 31, 2022 | Child abduction, Child relocation, Martine Wernsen, The Netherlands case law

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 that the mother must move back with the child. The...
How not to involve the children

Is it a criminal offence if you abduct your own child?

May 30, 2022 | Child abduction, Martine Wernsen, The Netherlands case law

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 imprisonment for a period of 42 months. The Appeal Court also...
12 months of suspended prison sentence

Is child abduction a criminal offence?

May 26, 2022 | Child abduction, Martine Wernsen, The Netherlands

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 Dutch prosecutor’s office has written a...
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    @2022 Careful Child Relocation
    This website provides general information. We cannot guarantee the accuracy or that it will apply to your situation. Please consult an attorney in your area.