Centrum IKO

Organisation

The International Child Abduction Centre in the Netherlands is an independent, national centre which was set up in January 2006 by the Stichting De Ombudsman (The Ombudsman foundation), in collaboration with the Defence for Children International Nederland, Stichting Lawine (The Avalanche foundation) and Stichting Gestolen Kinderen (Foundation for Stolen Children). The Centre opened its doors on 1 June 2006. The Centre supports parents and other parties who encounter (the threat of) international child abduction. The organisation is made up of lawyers and volunteers.

Work area

The Centre specialises in cases of international child abduction, where one of the parents is the abductor. Lawyers that work at the centre answer questions within the area of international child abduction and related topics such as:

• The threat of international child abduction
• International child abduction that has taken place
• Permission to leave
• International parental access arrangements

Besides this, the Centre can also refer you onto barristers and other relevant professionals.

How

The lawyers provide up-to-date information, advice and guidance to parents, other involved parties and those who encounter (the threat of) international child abduction in their professional lives. This information is impartial. We, therefore, work on the basis of the following basic assumptions:

• The interests of the child are paramount
• The child has a right to contact with or access to both parents
• Both parents are responsible for finding solutions regarding custody and access which are good for the child and are workable for both parents
• Abducting a child to another country is not the solution when there is conflict between parents

The Centre helps you to understand the most important terms used in the area of international child abduction. We advise you about the various options that you have, in law, and help you find a solution to your problems. We will provide guidance for your situation.
The Centre is available for questions from Monday to Friday, 9.30 am to 4.30 pm. We are available 24 hours a day for emergencies.

The Central Authority

What is the Central Authority?

The Central Authority is the agency that has been appointed to ensure The Hague Convention on Child Abduction is complied with and that the obligations it contains are carried out in the Netherlands. In the Netherlands the Ministry of Justice has been appointed as the Central Authority.
The Central Authority also carries out duties under the European Regulations Brussels II b and The Hague Child Protection Convention. The Central Authority’s tasks, primarily, concern the following subjects:

• international child abduction, both to and from the Netherlands
• international parental access agreements, to be applied both in the Netherlands and abroad
• recognising and enforcing European access and custody decisions in the Netherlands as well as Dutch decisions within the European Union
• reporting welfare issues within the framework of child protection

The Central Authority can also advise parents about international custody and access questions or refer them onto barristers and other institutions which can help them. You can call the Central Authority every day between 10.00 and 12.00 a.m. and 2.00 and 4.00 p.m. to discuss this. The telephone number is +31 (0)70 3706252.

Organisation

The Dutch Central Authority performs its tasks within the Ministry of Justice, at the Directie Justitieel Jeugdbeleid (Management of Judicial Youth Policy), department of Judicial and International issues. They represent the Justice Minister and carry out her tasks. The duties and the authority of the Central Authority are stated in the Implementation Law Convention, concerning international child abduction and children. This law was introduced on 2 May 1990.
There are three lawyers, two staff and an administrative clerk working at the Central Authority.

How does the Central Authority work?

The Central Authority deals with requests from parents to return their child to the place of residence or to enforce international parental access arrangements. In the case of outgoing cases, they help the parent who is searching for their child to complete the request so that it can be sent to the Central Authority in the country to which the child has been taken. They then ensure the parent is kept up-to-date with all the developments in his or her case.
With incoming requests, such as a request from abroad which is received by the Central Authority, the Central Authority deals with the request and checks to see if the request is complete. They will then inform the parent, who has come to the Netherlands, of the request by the other parent. They will also try to help both parents come to an amicable agreement. If this is unsuccessful, the left-behind parent will submit a request to return or a request to establish an international parental access arrangement to the courts. The courts will then decide whether the request from the parent will be granted.
The Central Authority adheres to the same basic assumptions as the Centre when dealing with incoming requests. Cases must also be processed with the necessary urgency, on the basis of the Convention and the Regulations.