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...
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...
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...
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...
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...
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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