If you are planning to return to the Netherlands, with your child, from abroad it is important to know that there are certain consequences of doing this. You may be regarded as an international child abductor. If child abduction has taken place, the Hague Convention on Child Abduction will be applied. The text below provides an explanation of the convention.

The Hague Convention on Child Abduction

The 1980 Hague Convention on Child Abduction determines when international child abduction has taken place.
In short, the convention applies if the following conditions have been met:

• The child is younger than 16 years of age
• The child has been taken to or detained in another country without the permission of the parent with (joint) custody or without the permission of a judge
• The child has been taken to or detained in another country, contrary to the custody rights of the country in which was the child was ordinarily resident

The Hague Convention on Child Abduction and how it works

The aim of the convention is to prevent child abduction. Your child must be returned to the land from which he/she was taken, as quickly as possible. The Central Authority is the organisation that enforces compliance with this convention. They are actively working to achieve the convention's aim.
The convention is interpreted very strictly by the judiciary. The judge is obliged to send your child back, unless you can successfully appeal on the basis of the convention's grounds for refusal. An appeal on these grounds will not be applied rapidly.
In the Netherlands, a distinction is also made between abduction to a country which is covered by the convention and one that is not. The Central Authority deals with all requests in the same manner.

The convention is, therefore, not applicable in the following situations:

• You can only determine your child's place of residence according to the law of the country where you are residing with your child.
• You have written permission from the other parent to take your child to the Netherlands and to stay there for a limited period.
• You have the permission of a judge in the country from which you are leaving, to take your child with you.

Custody rights

It is important to know whether you, alone, can decide your child's place of residence, according to the law of the country in which the child is ordinarily resident. If this is the case, permanent residence in the Netherlands for your child is not a problem. With this in mind, you can contact a lawyer from the country which you have left. We have contacts with foreign lawyers who have experience with international child abduction cases. To utilise these contacts, please contact us.
If you are not permitted to decide your child's residence on your own, the Convention may be applied to you. For more information and explanation see:
You have returned to the Netherlands, with your child, from abroad

Written permission

Permanent residence in the Netherlands with your child is not a problem if you have written permission from the other parent or from a judge in the country you are leaving. If the judge's permission was granted under certain conditions, restrictions may apply to your stay in the Netherlands.
Permission for permanent residence is not the same as permission for a limited period only, such as a holiday in the Netherlands. If you have been granted permission for a limited period you will not be guilty of child abduction during this time. If, once this period has passed, you do not return but remain in the Netherlands then you are subject to the Convention and are guilty of child abduction.
If you do not have written permission from the other parent or from a judge you are guilty of child abduction. The Hague Convention on Child Abduction is then applied.

Consequences of your return to the Netherlands

If The Hague Convention on Child Abduction does not apply to you, permanent residence in the Netherlands is not a problem.
If The Hague Convention on Child Abduction does apply to you, the actions you have taken may have a number of consequences:

• The Dutch Central Authority may receive a request from you partner asking for the return of the child.
• Legal consequences in the country from which you took your child, upon return of the child. This varies per country.
• Practical consequences concerning the return of your child to the country from which they were removed. This differs according to circumstances.

It is important to know which country you and your child left to return to the Netherlands. Click on Country information to find more information about the country in question.

Divorce arrangements

Arrange your divorce in the country where you are currently living. It is not easier to arrange your divorce in the Netherlands.
In the Netherlands you can submit a request for a divorce if you have lived in the Netherlands for 6 months.
A request for return can be submitted if you submit a request for a divorce in the Netherlands and you have brought your child to the Netherlands without permission. The judge must take The Hague Convention on Child Abduction into account and cannot declare a divorce until it has been decided whether or not the child must be returned. At best, the judge will make a temporary decision about the request for a divorce and will adjourn the case.
If you have submitted a request for a divorce in the Netherlands and you had permission to bring your child to the Netherlands then residing in the Netherlands is not a problem. The divorce can be declared by the judge.

The caring parent

It is usually the parent who takes care of the child on a daily basis, or the caring parent, who returns to the country of origin. The Hague Convention on Child Abduction does not consider who the ‘caring parent' is. Even if you are the caring parent, if you take your child abroad without permission, you are abducting your child.