International Parental Child Abduction

The Netherlands

DISCLAIMER: The information in this circular relating to the legal requirements of a specific foreign country is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign legal counsel.

GENERAL INFORMATION: The Hague Convention on the Civil Aspects of International Child Abduction (the "Hague Convention") came into force between the United States and The Netherlands on September 1, 1990. Therefore, Hague Convention provisions for return would apply only to children abducted or retained after September 1, 1990. Parents and legal guardians of children taken to The Netherlands prior to September 1, 1990, may still submit applications for access to the child under the Hague Convention in some cases. The Hague Convention does not apply to Aruba or the Netherlands Antilles.

Please Note: Submit your completed, signed application as soon as possible. Do not wait to get a custody order to begin the application process. A custody order issued after the taking or retention (a "chasing order") is not relevant to your Hague case and may, in fact, complicate it.

HAGUE APPLICATION: To apply for assistance under the Hague Convention in The Netherlands, you will need to submit the following:

• A completed U.S. Central Authority application form for each child. This form may be obtained from the Office of Children's Issues or downloaded off of our web site at children's_issues.html. Please refer to the U.S. Central Authority's brochure, "International Parental Child Abduction" for instructions on completing the application form.

• A detailed account of the circumstances of the removal from the U.S. or retention in The Netherlands. In this account, it is useful to address issues such as custody rights, the child's residence, and consent to the removal or retention. Also include details on the location of the child in The Netherlands. If you do not know the exact location, please include any information that would assist the Dutch police in locating the child.

• One photocopy of each child's birth certificate. This does not need to be a certified true copy, but should be clear and easy to read.

• One copy of your marriage certificate and divorce decree, as appropriate. This does not need to be a certified true copy, but should be clear and easy to read.

• One copy of either the custody order in effect when the child was taken to The Netherlands or the state law that establishes your right to custody, and any agreements regarding custody or access. Note: It is not necessary to have sole custody to apply for assistance under the Hague Convention. If no custody order exists, and your state's laws are silent as to a parent's right of custody, an affidavit of law from a U.S. attorney is often acceptable. This does not need to be a certified true copy, but should be clear and easy to read.

• Original photographs of each child and of the taking parent. There is no requirement for the size of the photograph, but the photograph should as current as possible and show enough detail to assist government officials who will use the photographs to locate and identify the child and taking parent. These photographs will not be returned to you. If the location of the child and taking parent is unknown, you are encouraged to email photographs to the Netherlands country officer in the Office of Children's Issues at the Department of State (US Central Authority) (call 202-736-9090 for the email address). Emailed photographs can be passed without delay to appropriate law enforcement officials.

• A completed "Article 28 Authorization" empowering the Central Authority for The Netherlands, or its designated representative, to act on your behalf.

Please remember:

• All documents should be typed or very clearly printed in black ink as they may faxed more than once.

• Fill out the Hague application as completely as possible with the information you possess. The physical descriptions of the taking parent and child (Parts I and III) are particularly important, and should be completed regardless of the existence of accompanying photos. Also important is your explanation of the circumstances leading up to and surrounding the child's removal from the United States (Part IV on the application). In cases where the child has been gone for a few months or more, your statement, which can be done on a separate piece of paper, should be as detailed as possible regarding any actions you have taken to recover the child in the interim.

• If you are concerned that the taking parent will flee or hide the child when notified of the proceedings, it is very important that you note this and state the reason for this concern in section VIII of the application or on a separate page. It is helpful if this concern is repeated in a cover letter or note attached to the application.

The completed Hague application with supporting documents should be submitted to:

If you are sending the application by courier (FedEx, UPS, DHL), please use the following street address to ensure a faster delivery:

Please fax a copy of your application to 202-312-9743.

Hague applications can also be submitted directly to the Dutch Central Authority at:

If you are sending the application by courier (FedEx, UPS, DHL), please use the following street address to ensure a faster delivery:

LEGAL COUNSEL: The Dutch Central Authority represents left-behind parents in court hearings on Hague applications for return and access. Central Authority officials speak and write English fluently. Parents may, if they desire, retain private Dutch legal counsel and have their Hague application handled directly by this attorney. In these cases, the Central Authority would play no role.

JUDICIAL PROCEDURE: Under Dutch law, the Dutch Central Authority must first send a letter by registered mail to the taking parent requesting him or her to voluntarily return the child. If the parent is not ready to do so, but there are indications that an amicable resolution might be reached, the Central Authority may act as an intermediary between the parents in attempts to arrive at a negotiated agreement. If no compromise between the parents can be attained, the Central Authority will file a petition in local court requesting a hearing under the Hague Convention.

Petitions for return under the Hague Convention have priority in The Netherlands over routine family cases. Hearings for return are normally scheduled within one month and a decision is normally issued within two weeks. Hearings for access may take longer to schedule since they are considered less urgent. The left-behind parent is encouraged, but not required, to attend the hearing. The Central Authority can request that the left-behind parent be permitted to visit his or her child while in The Netherlands for the hearing. However, the taking parent can refuse this request.

Once a court in The Netherlands orders the return of a child, these orders are immediately enforceable even if an appeal is lodged.

RIGHTS OF ACCESS: The Dutch Central Authority handles requests for access in the same manner as returns. The taking parent is asked by registered mail to advise whether he or she is willing to cooperate. If not, the Central Authority files a petition with the District Court. In most cases, the judge will request the Child Care and Protection Board to conduct an examination into the best interests of the child. Such an examination may include contacts between the left-behind parent and the child in the office of the Child Care and Protection Board and under supervision of the Board social worker.

If necessary, the Board will seek assistance from child psychologists or psychiatrists. The Board will submit a report to the judge after the parents have had the opportunity to make submissions. The report is then discussed in a hearing at which each parent can present his or her objections and arguments before a judge. If the parents agree, the case can be tried through a mediator. The Central Authority can provide the names of licensed mediators. The parents must bear the cost of the mediator.

CRIMINAL REMEDIES: For information on possible criminal remedies, please contact your local law enforcement authorities or the nearest office of the Federal Bureau of Investigation. Information is also available on the Internet at the web site of the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention, at http://www.ojjdp.ncjrs.org.

PLEASE NOTE THAT CRIMINAL CHARGES MAY COMPLICATE A HAGUE CONVENTION CASE IN THE NETHERLANDS.

MORE INFORMATION: For further information and/or assistance in either preventing or responding to an international parental child abduction, contact the Office of Children's Issues, U.S. Department of State at (202) 736-9090 or visit its web site on the Internet at http://travel.state.gov.

The State Department has general information about hiring a foreign attorney, service of process, enforcement of child support orders, and the international enforcement of judgments, which supplement the country-specific information provided in this flyer. In addition, the State Department publishes Consular Information Sheets for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. When situations in a country are sufficiently serious, the State Department issues Public Announcements or Travel Warnings that may recommend U.S. citizens deter travel to that country. These documents are available on the Internet at http://travel.state.gov.

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