The Child's Right to Be Heard at the District Court of Leiden

The Child's Right to Be Heard in Leiden

For residents of Leiden, the child's right to be heard is crucial in family law cases, such as divorces or contact arrangements. Children may express their views at the District Court of Leiden, enabling judges to make decisions that truly impact the child's life in the region. This stems from the UN Convention on the Rights of the Child and Dutch legislation, emphasizing the child's best interests in local proceedings.

Legal Basis at the District Court of Leiden

In the Netherlands, and thus at the District Court of Leiden, the right to be heard is enshrined in Article 1:257a of Book 1 of the Civil Code (DCC). The judge must hear the child if it wishes to be heard or if necessary for a proper decision. From 12 years of age, this is standard practice, unless it imposes an excessive burden on the child.

On the international level, it derives from Article 12 of the UN Convention on the Rights of the Child (CRC), which the Netherlands has ratified. Children capable of forming views must be able to express them in matters affecting them, with due weight given based on age and maturity. Procedural rules are set out in Article 810a of the Code of Civil Procedure (CCP), which is mandatory in custody and contact proceedings.

When Does the Right to Be Heard Apply in Leiden?

In Leiden, this primarily arises in local family law cases:

• Divorces or dissolution of partnerships at the District Court of Leiden.
• Approval of agreements on custody and contact.
• Disputes over parenting plans, residence, or primary residence in Leiden.
• Requests for changes to contact arrangements or out-of-home placement via the Municipality of Leiden.

Under 12 years, the judge assesses based on maturity; from 12 years, an invitation is standard unless there are compelling reasons against it (e.g., trauma). This does not apply to criminal cases but to civil family law matters.

Age and Hearing Obligation Overview

How Does the Hearing Proceed at the District Court of Leiden?

The judge conducts a child interview at the District Court of Leiden, held confidentially without parents present, in a child-friendly room. It typically lasts 20-45 minutes and involves simple questions such as: "Where do you feel at home?" or "What do you think about the contact arrangements?" In Leiden, advice is available from the Legal Advice Centre Leiden.

Often, the judge appoints a special curator (Article 1:258 DCC) to provide support. In complex cases, services like NIDR handle child interviews. A trusted person may accompany the child; parents may not.

Examples from Leiden Practice

In a Leiden divorce, parents seek to switch primary residence. A 13-year-old states during the interview: "I'd rather stay with mom because of my school friends in Leiden-Noord." The District Court of Leiden takes this into account and adjusts the arrangement accordingly.

Or: Following a report to Safe at Home Leiden, a 10-year-old opposes out-of-home placement. After the hearing, the judge opts for in-home support, considering the child's maturity and local ties.

In contact disputes, a 15-year-old declares: "No more contact with father due to tensions." The judge modifies the arrangement, prioritizing the child's welfare. The child's wishes are not binding but carry significant weight.

Rights and Obligations in Leiden

Child's rights:

• Freedom to speak without fear of repercussions.
• Right to refuse to speak (no coercion).
• Alternatives such as a letter or video.

Parental obligations:

1. Prepare and encourage the child.
2. Refrain from influencing the child.
3. Cooperate fully, or face sanctions.

In cases of non-compliance: enforcement measures or custody adjustments may follow. Seek assistance from the Legal Advice Centre Leiden.

Frequently Asked Questions for Leiden