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Netherlands / Supreme Court / 13/02989

A mother v a father (names not mentioned in the judgement)

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Netherlands / Supreme Court of the Netherlands
Type:
Decision
Decision date:
17/01/2014

Key facts of the case:

Case involving a conflict between a separated mother and father about parental access to their only child. Father and mother had a relationship from 2004 to 2008. They had one child: a son. Nine weeks after the birth of the son the relationship between mother and father ended. Since then the father has no contact with his child. The mother refused to cooperate on an arrangement granting the father access to the child. The sole reason that she refused to cooperate is that she has objections to the child and the father seeing each other. The father requested the District Court Haarlem on 15 September 2014 to establish an arrangement concerning parental access. The District Court declined the request. The Court of Appeal of Amsterdam also declined the request by the father. On 17 January 2014 the Supreme Court annulled the judgment by the court of appeal of Amsterdam and referred the case back to the Court of Appeal of the Hague. The main assumption in this judgement is that the child and the parents who has no parental authority have a right to see each other. The Supreme Court considers that in a case when the parent with parental autority refuses to cooperate on an arrangement concerning parental access, the court has to consider all options to induce the parent with parental authority to cooperate on an arrangement. The sole reason that the parent with parental authority has objection to an arrangement concerning parental access is an insufficient reason to deny the right of the child and the other parent to meet each other.