The police can help you in a range of ways if (the threat of) international child abduction is an issue. Below, you will find information about what the police in the Netherlands can do for you in a variety of situations, the consequences of those situations and what details the police will need from you.
You can submit a report to the police if there has been talk of a threatening situation but a criminal act has not taken place. You can make sure that the police note this in the daily log, this is called an entry. The police will then react quickly and be prepared if the abduction is actually carried out. Besides this, the reports can be useful if you have to ask a judge for an alteration to a parental access rights’ arrangement.
If the police will not note your entry in the daily log, contact us.
A parent who takes a child with them to another country commits a criminal act if this was carried out by a parent who does not have custody or, if there is joint custody, without the permission of the other parent or without the permission of the judge, whose authority takes the place of the parent. This is referred to as the withdrawal of parental custody and is a criminal offence (art. 279 Dutch Criminal Code).
Once the abduction has taken place you can report the withdrawal of parental custody. If parents have joint custody the police will sometimes take the view that it is not a case of child abduction. This is incorrect. The High Council has determined that: ‘a parent who has formal custody of his underage child can withdraw the child from the parental custody of the other parent’.
In the event of child abduction, the police officers who will deal with you will work to a protocol. This is published on the police intranet.
The police can highlight the abducting parent at an international level.
The police can also start an investigation and legal proceedings. Once you have submitted a report, you cannot withdraw it. You can request that the subsequent procedures are brought to a halt but the police will decide whether or not this happens.
If you are unsure whether or not to submit a report or have any questions about your circumstances, please contact us to discuss the situation.
Documents that indicate parental custody arrangements, such as: