Preventing or restricting contact between a child and a parent is a serious issue. Children have the right to contact with both parents, and obstructing this can lead to legal action.
When is it permitted to refuse contact?
Contact may only be refused or restricted if it is in the best interests of the child. The law provides the following reasons:
- The contact harms the child's mental or physical development
- The parent is unsuitable or unable to have contact
- A child aged 12 or older has serious objections to contact
- Contact otherwise conflicts with the child's welfare
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
- Manipulating the child to not want contact with the other parent
- Moving to another location without consultation
- Regularly cancelling or changing arrangements
Consequences of obstructing contact
| Measure | Explanation |
|---|---|
| Penalty payment | A fine per instance of refused contact |
| Detention | Imprisonment as a last resort |
| Change of child's 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 conversation or mediation
- Consider legal assistance from a lawyer
- Request the court to enforce the contact arrangement
- If necessary, request sanctions or coercive measures
Parental alienation in Rijswijk
Parental alienation, also known as parental estrangement, is an extreme form of obstructing contact where one parent encourages the child to reject the other parent. This can lead to court intervention, possibly via the District Court of The Hague.
What to do if my ex is turning my child against me?
Keep a logbook of events and remain neutral towards your child. Seek help from a mediator or lawyer. The court may order an investigation by the Child Protection Board and take appropriate measures.Can I refuse contact if my ex does not pay child support?
No, contact and child support are two separate issues. 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 contact themselves?
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 obstructing contact in Rijswijk
What to do if my ex ignores the contact arrangement?
Document all incidents (dates, times, details). Try to reach a solution via mediation or a lawyer. If this fails, you can request the District Court of The Hague to enforce the arrangement. Possible sanctions include penalty payments or a change in the child's primary residence. Seek timely help from the Juridisch Loket Rijswijk.
How do I prove that my ex is deliberately sabotaging contact?
Gather evidence by keeping a diary of incidents, including dates and descriptions. Retain communications such as emails or messages refusing arrangements. Testimonies from third parties, such as family or professionals, can also help. A report from the Child Protection Board can carry additional weight.
May I stop contact if I suspect danger to my child?
You may not unilaterally stop contact, even on suspicion. Contact Veilig Thuis (0800-2000) or the Child Protection Board if concerned. You can also file an emergency request with the District Court of The Hague to temporarily suspend contact, but do so with legal guidance.
What does a legal procedure for obstructing 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 any investigations. With a low income, you can apply for subsidized legal aid via the Juridisch Loket Rijswijk. Always request a cost estimate in advance.
How quickly does the court decide on obstructing contact?
The duration of a procedure at the District Court of The Hague depends on complexity and urgency. An emergency procedure can be handled within a few weeks, while a standard case may take several months.