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Child’s opinion not decisive

Child’s opinion not decisive

Dec 4, 2022 | Child relocation, The Netherlands case law

District court The Hague, The Netherlands 15 October 2021, ECLI:NL:RBDHA:2021:11036 In this court procedure in The Netherlands the child’s opinion was not decisive, even though the child was 10 years old.   Mother asks permission to relocate The mother...
Child’s opinion not decisive

Child was relocated during proceeding at Spanish court

Nov 27, 2022 | Child relocation, The Netherlands case law

District court of Gelderland, The Netherlands –  November 17 2022, ECLI:NL:RBGEL:2022:6434  – What happens if a child is relocated during the proceedings? On 17 November 2022, the Gelderland District Court gave an interesting ruling on a young child who,...
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...
Child’s opinion not decisive

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...
Child’s opinion not decisive

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...
Child’s opinion not decisive

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...
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    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.