However, for divorced or separated parents, this period can also be a source of stress and uncertainty. While one parent may look forward to the holiday, the other may feel concerned about the travel plans. In cases where parents have joint parental authority, it is necessary to obtain permission from the other parent to take the children abroad. This requirement can lead to tension and disagreement, making it more difficult to plan a stress-free holiday.
Consent form
Our first advice to parents is to discuss and share their holiday plans with the other parent well in advance. This allows time for early agreement and formal consent for the intended trip abroad. We recommend using the official permission form provided by the Dutch government to record this agreement.[1]
No permission? What are the options?
It is not uncommon for one parent to refuse permission for various reasons. If the other parent with parental authority does not grant consent for the intended holiday abroad with the children, the court can be asked to grant substitute consent under Article 1:253a of the Dutch Civil Code. This procedure may take several weeks to a few months. The court will make a decision with the child’s best interests as the primary consideration, although other interests may also be relevant. The child’s interest does not automatically outweigh all other factors; the court will assess all circumstances of the case.
In general, the court considers that a holiday with one of the parents is in the child’s best interest. Only in exceptional cases will the court deny permission for the holiday. For example, if there is a legitimate fear that the children will not return from the trip, if there is a negative travel advice for the destination, or if the holiday is scheduled during school term.
Conclusion
It is advisable to reach agreements on international holidays in good time. If mutual agreement proves difficult, it is wise to contact a lawyer who can assist with negotiations or initiate court proceedings if necessary. Taking action early can prevent a great deal of stress. However, even if the holiday is fast approaching, it is often still possible to request substitute authorisation through an urgent court procedure.
More information
If you have any further questions or would like to schedule an appointment to discuss your situation, please feel free to contact us.
[1] https://www.rijksoverheid.nl/documenten/formulieren/2014/02/06/formulier-toestemming-reizen-met-minderjarige-naar-het-buitenland
