The Child's Right to Be Heard in Westland
In Westland, children have the right to be heard, a crucial right to express their views in court proceedings that affect their daily lives, such as divorces, contact arrangements, or custody disputes. At the Westland District Court, the child's voice is taken seriously, in line with the UN Convention on the Rights of the Child and Dutch legislation. This promotes child-centered decisions in family law for families in Westland.
Legal Basis of the Right to Be Heard
The right to be heard is firmly enshrined in law. In the Netherlands, Article 1:257a of Book 1 of the Civil Code (DCC) provides that the court must hear the child if it wishes to be heard or if it is necessary for a proper judgment. Children aged 12 or older are heard as standard, unless it would impose an excessive burden.
Internationally, it stems from Article 12 of the UN Convention on the Rights of the Child (CRC), which the Netherlands follows: children capable of forming a view have the right to express it in matters affecting them, with due weight given according to their age and maturity.
Procedural rules are set out in Article 810a of the Code of Civil Procedure (CCP). At the Westland District Court, the court always assesses whether a hearing is appropriate in custody, care, or contact cases.
When Does the Right to Be Heard Apply in Westland?
This right applies in family law proceedings:
- Divorce or dissolution of partnership.
- Approval of agreements on custody and contact.
- Disputes over parental authority, residence, or primary residence.
- Applications for changes to contact arrangements or out-of-home placement.
Under 12, the court decides based on maturity. From age 12, a hearing invitation is always issued unless there are strong counterindications, such as trauma. It does not apply in criminal cases but does in civil family law at the Westland District Court.
Overview of Age and Duty to Hear
| Child's Age | Court's Duty to Hear | Conditions |
|---|---|---|
| Under 12 years | Not automatic | At child's or parents' request or on the court's own motion; if sufficiently mature |
| 12 years and older | Automatic | Unless excessive burden on the child |
| Always | Yes | In child-related cases, weigh the opinion according to age and maturity |
How Does the Hearing Proceed at the Westland District Court?
The judge conducts a child interview in a confidential setting at the Westland District Court, without parents present. It lasts 20-45 minutes in a child-friendly room. Questions are simple and open-ended: "Where do you feel most comfortable?" or "What matters most to you?"
In complex cases, the judge may appoint a special curator (Article 1:258 DCC) or involve an expert. Investigation agencies may conduct a child hearing. Contact the Westland Legal Advice Centre for free advice.
A trusted person may attend, but parents may not, to avoid influence.
Examples from Westland Practice
In a divorce in 's-Gravenzande, parents seek different primary residences. The 13-year-old child states in the interview: "I'd rather stay with dad because of school in Westland and friends in the greenhouse district." The Westland District Court awards primary residence to the father, with contact at the mother's.
In an out-of-home placement case via the Municipality of Westland, a 10-year-old from Monster refuses. After the hearing, the judge opts for in-home support, considering the child's maturity and arguments.
A 15-year-old from Naaldwijk: "No more contact with mother due to conflicts." The arrangement is adjusted with a focus on the child's well-being.
The child's wishes are considered but do not fully bind the judge.
Rights and Obligations Regarding the Right to Be Heard
Child's rights:
- Speak freely without consequences.
- Refuse to answer.
- Express views via letter or video if a hearing is too burdensome.
Parents' obligations:
- Prepare and encourage the child.
- Exert no pressure.
- Cooperate (obstruction is punishable).
Violations may lead to measures or adjustments to parental authority. Consult the Westland Legal Advice Centre for support.
Frequently Asked Questions
Must a child always be heard in a divorce in Westland?
No, automatically from age 12; younger if appropriate under Article 1:257a DCC. The Westland District Court decides.
What if the child does not want to talk?
The child may refuse or respond in writing. The judge respects this and explores options like a curator.
Is the child's opinion binding?
No, it is weighed according to maturity and the child's best interests (Article 1:257 DCC).