28 October 2024
At the end of a relationship or after you have split up, you or your (former) partner may wish to live with your child in another country.
Suppose the parents live with their child in Germany. Both parents have parental authority over their child. The mother moves with the child to the Netherlands without obtaining the necessary permission. This would constitute child abduction under the Hague Convention on Child Abduction.
This article discusses what steps you can take as a parent and what the court procedure looks like.
In the situation described above, proceedings can be initiated by the father in the Netherlands to ensure that the child is returned to Germany. The rule is that return proceedings are started in the country to which the child has been abducted. If your child has been taken to a country other than the Netherlands, you should seek a lawyer in that country.
The basic principle of return proceedings, if both parents are entrusted with custody of the child and the relocation has taken place without the necessary consent, is that the child returns to the country of origin (in this case Germany) as soon as possible. Only in exceptional cases (for example: the child resists return or the child is put in an intolerable situation upon return) may the child remain in the Netherlands.
If your child has been taken to the Netherlands, you can contact the Centrum IKO. This is an independent organisation. The IKO advises parents in abduction cases.
To start the return procedure at court, you will need the assistance of an attorney. An attorney can submit the petition to the court for you. The other parent may defend against the petition.
After receiving the petition, the court will in principle schedule a pre-trial hearing within two weeks. At this pre-trial hearing, it will be discussed whether the parents are open to crossborder mediation. In this form of mediation, you will have two mediators, preferably an attorney and a behavioural scientist. During crossborder mediation, it is examined whether the parents can make agreements on the child’s main residence and/or agreements on an international care arrangement.
If agreements cannot be reached, the substantive hearing will in principle take place within two weeks. Prior to the hearing, the judge will talk to children older than six years. Then the hearing takes place. Three judges, the court clerk, an employee of the Child Care and Protection Board, both lawyers and both parents are present. If you do not speak Dutch, an interpreter may also be present.
Two weeks after the hearing, the court gives its decision. It may decide that the request for return is granted. In this case, the child must return to Germany. The court may also decide that the child may remain in the Netherlands.
If you disagree with the court’s decision, you can lodge an appeal within two weeks of the date of the court’s decision. The hearing at the court of appeal will then take place within four weeks and you will receive the court’s decision two weeks after the hearing.
Are you in an abduction situation because you have taken your child without your ex-partner’s consent? Or because you have been confronted with your child’s abduction? Please do not hesitate to contact me.
