If a Dutch father and a Dutch mother have an access arrangement regarding their child, the parent is allowed to take the child on a holiday abroad without the consent of the other parent. A holiday falls within the exercise of custody / visitation rights. However, there is an information obligation to the left-behind parent about the whereabouts and the time of the holiday spend with the child.

When the left-behind parent does not agree with the holiday or if no access arrangements have been made, the left-behind parent can go to court, based on article 1:253 a Dutch Civil Code and explain that there is a dispute about the exercise of custody and/or visitation rights.

When one parent or both parents do not have Dutch nationality and no permission to go abroad is given, then the parent who needs the permission can to court based on 1:253 Dutch Civil Code. The reason for this refusal is based on the presumption of the left-behind parent is that it is not a holiday, but a desire to change the habitual residence of the child.

There is also the possibility that a child is travelling with only one parent, or that the child has a different surname then the parent with whom it travels. Furthermore the child can possibly travel with family members. To avoid problems and delays at the airport, we advise highly recommend parents to bring the following documents:

Appendices:

• Constent letter for holiday (example consent letter NL / ENG)
• Recent certified extract custody register
• Recent certified extract of residence
• Copy of travel document of the consent giving parent
• Possibly custody or access court order
• Possibly copy of the divorce decree
• Possibly certified extract of birth

Carrying a consent letter cannot guarantee entry, as permission to enter another country is entirely the decision of that country. A consent letter may be required by foreign authorities, in addition to other country-specific entry requirements. The parent should contact the authorities of the country to be visited by the child to ensure that you have the most up-to-date information regarding specific entry requirements.

Be careful! If you have any doubts about the return of your child after the holiday, please contact the International Child Abduction Centre before you give consent for the holiday.