NETHERLANDS Law and Practice Contributed by: Sandra Verburgt, Petra Beishuizen and Ivo Janssens, Delissen Martens Advocaten
resolution of the Family Court in the same way as per contact and care arrangements or child support contributions. Disputes regarding parental responsibilities after divorce Where parents cannot reach an agreement on a specific important matter regarding their child – ie, one for which a common decision is required by law – after their divorce, one parent may seek an order from the court in its place. Under the joint parental authority dispute resolution pro - cedure (1:253a BW case), Dutch family law pro - vides for parents with joint parental authority to seek a prompt resolution from the Family Court if they cannot agree on: • a child’s living arrangements and/or the time/ contact the child will have with each parent; • how they consult each other on important matters; • how they share the costs of the child(ren); or • how to manage the child(ren)’s assets. The court will appoint the matter for a hearing within six weeks of the petition being submitted by one of the parents. The other parent has until the date of the hearing to submit a response. In cases where only one of the parents is vested with parental authority, a parent may still seek a resolution from the Family Court. However, this will follow the regular dispute resolution process – meaning that, depending on the availability of the judges, it may take more than three months for the case to be appointed a hearing. Hearing Children The law provides for children aged 12 and above to be heard in matters involving them – except in child support cases, where children can be heard from 16 years old. In international
child abduction cases, a child may be heard at a younger age depending on their maturity. In these cases, the child is represented by a guard - ian at litem. In cases about parentage, a child is always represented by a guardian at litem. The Family Court will hear the children in chambers without their parents and will consider what the child has told the court. However, the court – rather than the child – will decide. Children do not give evidence in court and there is no cross- examination of children. Parental Alienation Parental alienation is a topic that has gained more and more attention in the past few years. In January 2021, an advisory report by a team of experts on parental alienation and complex contact issues was published. The expert team recommends that the government takes respon - sibility for enforcement – in particular, by impos - ing sanctions – in the event of non-compliance with the statutory rules or non-compliance with parental agreements or court decisions. Responsibility for enforcement should no longer be solely with the parents. A divorce advisory team should have resources at its disposal – via a quick court resolution mechanism – for civil law enforcement, such as fines and penalties. The law should be adjusted where necessary to implement these recommendations. Courts should uphold contact arrangements between a child and non-resident parent, whether unsu - pervised or supervised. Introduction of Combined Family Names On 1 January 2024, a bill called Introductie gecombineerde geslachtsnaam (Stb 2023, 116) (in English: “Introduction of Combined Family Name”), entered into force. It allows parents to give their child the family name of both parents.
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