Obstructing or refusing contact between a child and a parent is a serious problem. Children have the right to contact with both parents, and obstructing this can lead to legal action in Utrecht.
When is it permitted to refuse contact?
Contact may only be restricted or refused if it is in the best interests of the child. The statutory reasons for this include:
- Harm to the child's mental or physical development due to contact
- Inappropriateness or inability of the parent to have contact
- Serious objections from a child aged 12 or older
- Contact that otherwise harms the child's best interests
What constitutes obstruction of contact?
Examples of obstructing contact include:
- Not handing over the child at agreed times
- Making negative remarks about the other parent in the child's presence
- Inciting the child to not want contact with the other parent
- Relocating to another location without consultation
- Repeatedly cancelling or changing arrangements
Consequences of obstructing contact
| Measure | Description |
|---|---|
| Penalty payment | A fine 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 transferred to the other parent |
Steps in case of contact obstruction in Utrecht
- Keep a record of all obstructions (dates and situations)
- First try to find a solution through discussion or mediation
- Consider legal assistance from a lawyer in Utrecht
- Request the court to enforce the contact arrangement
- Request sanctions if necessary, such as penalty payments
Parental alienation in Utrecht
Parental alienation, also known as parental estrangement, is an extreme form of contact obstruction where a child is manipulated by one parent to reject the other parent. This can lead to judicial intervention via Rechtbank Midden-Nederland.
What to do if my ex is turning my child against me?
Keep a file of the events and remain neutral towards your child. Seek support from a mediator or lawyer in Utrecht. 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 legally separate issues. Non-payment of child support is not a valid reason to refuse contact, and vice versa.What if my child does not want contact themselves?
As a parent, you are obliged to encourage your child to have contact with the other parent. If the child continues to refuse, investigate the underlying cause and, if necessary, involve professional help via agencies in Utrecht.Frequently asked questions about contact obstruction in Utrecht
What if my ex ignores the contact arrangement?
Document all incidents (dates, times, details). Try to reach a solution through mediation. If this fails, you can request Rechtbank Midden-Nederland to enforce the arrangement. Sanctions such as penalty payments or change of primary residence are possible.
How do I prove that my ex is deliberately sabotaging contact?
Gather evidence by keeping a logbook of incidents, preserving messages (e-mails, WhatsApp) and collecting witness statements. A report from the Child Protection Board can also serve as evidence.
May I stop contact if I suspect danger to my child?
You may not stop contact unilaterally. Contact Veilig Thuis (0800-2000) or the Child Protection Board. An emergency request to the court in Utrecht is also possible, but do this with legal guidance.
What are the costs of a legal procedure in Utrecht?
Costs range from €1,500 to €5,000, depending on the case. This includes court fees (€350-€1,000) and lawyer fees (€150-€300 per hour). For low income, you can apply for subsidised legal aid via Juridisch Loket Utrecht at Catharijnesingel 55.
How quickly does the judge decide on contact obstruction?
The duration varies, but an expedited procedure at Rechtbank Midden-Nederland (Vrouwe Justitiaplein 1) can be handled faster. Contact a lawyer for a realistic estimate.