Obstructing or refusing contact with a child is a serious matter. Children have the right to contact with both parents. Obstructing this can lead to legal action.
When is it permitted to refuse contact?
Contact may only be restricted or refused if it is in the best interests of the child. According to the law, the reasons for this are:
- Contact harms the child's mental or physical development
- The parent is not suitable or able to have contact
- The child (12 years or older) has strong objections themselves
- Contact is contrary to the child's best interests on other grounds
What constitutes obstruction of contact?
Examples of obstructing contact include, among others:
- Not handing over the child at agreed times
- Speaking ill of the other parent in the child's presence
- Inciting the child to avoid the other parent
- Moving to another location without consultation
- Repeatedly cancelling or changing arrangements
Consequences of obstructing contact
| Measure | Explanation |
|---|---|
| Penalty payment | A financial sanction per instance of refused contact |
| Detention | Imprisonment as a last resort |
| Change of primary residence | The child goes to live with the other parent |
| Adjustment of parental authority | Parental authority may be awarded to the other parent |
Steps in case of obstruction of contact
- Keep a record of all obstructions (dates and situations)
- First try to find a solution through dialogue or mediation
- Consider legal assistance from a lawyer in Westland
- Request the court to enforce the contact arrangement
- If necessary, request sanctions or coercive measures
Parental alienation
Parental alienation, also known as parental estrangement, is an extreme form of obstruction of contact in which a child is encouraged by one parent to reject the other parent. This can lead to judicial intervention.
What to do if my ex is turning my child against me?
Keep a logbook of the events and remain neutral towards your child yourself. Seek help from a mediator or lawyer in Westland. The court may order an investigation by the Child Protection Board and take appropriate measures.Can I stop contact if my ex does not pay child support?
No, contact and child support are two separate matters. Non-payment of child support is not a valid reason to refuse contact. Conversely, your ex may not stop child support if you obstruct contact.What if my child does not want to go to the other parent?
As a parent, you are obliged to encourage your child to maintain contact with the other parent. The child does not decide itself. If there is persistent resistance, investigate the cause and consider professional help.Frequently asked questions about obstruction of contact in Westland
What to do if my ex ignores the contact arrangement?
Document all incidents (dates, times, details). Try to find a solution through mediation or legal assistance. If this does not work, you can request the District Court of The Hague to enforce the arrangement. Sanctions such as penalty payments or change of primary residence are possible options.
How do I prove that my ex is deliberately sabotaging contact?
Gather evidence by keeping a diary of incidents and retaining communications (such as emails or messages). Testimonies from third parties, such as family or professionals, can also be useful. A report from the Child Protection Board can add extra weight.
May I pause contact if I suspect danger to my child?
You may not stop contact on your own initiative. If you have concerns, contact Safe at Home (0800-2000) or the Child Protection Board. An emergency request to the court, with legal support, is also an option.
What does a legal procedure for obstruction of contact cost?
Costs usually range from €1,500 to €5,000, depending on the case. This includes court fees (€350-€1,000), lawyer fees (€150-€300 per hour), and possible investigation reports. If you have a low income, you can apply for subsidized legal aid via the Legal Counter Westland.
How quickly does the court decide on obstruction of contact?
The duration of a procedure at the District Court of The Hague depends on the complexity, but an expedited procedure can yield faster results. Contact a lawyer for a realistic estimate.