Obstructing or refusing 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?
Limiting or denying contact is only possible if it is in the child's best interest. The law provides the following reasons:
- 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
- Contact is contrary to the child's best interest
What constitutes contact obstruction?
Examples of obstructing contact include, among others:
- Not delivering the child at agreed times
- Making negative remarks about the other parent in the child's presence
- Inciting the child to avoid the other parent
- Relocating to another location without consultation
- Regularly cancelling or changing arrangements
Consequences of obstructing contact
| Measure | Description |
|---|---|
| Penalty payment | A financial sanction per instance of refused contact |
| Detention order | Detention (as a last resort) |
| Change of primary residence | The child moves to live with the other parent |
| Adjustment of parental authority | Parental authority may be awarded to the other parent |
Steps in cases of contact obstruction
- 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
- Request the court to enforce the contact arrangement
- If necessary, request sanctions or coercive measures
Parental alienation in Leiden
Parental alienation, also known as parental estrangement, is a serious form of contact obstruction where a child is encouraged by one parent to reject the other parent. This can lead to judicial intervention, often via the District Court of The Hague, Leiden location.
What to do if my ex is turning my child against me?
Document all incidents and remain neutral towards your child. Seek support from a mediator or lawyer. 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. Refusing contact due to unpaid child support is not permitted. Conversely, child support may not be stopped due to contact obstruction.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. If the child continues to refuse, investigate the cause and consider involving professional help.Frequently asked questions about contact in Leiden
What to do if my ex ignores the contact arrangement?
Document all incidents (dates, times, and details). Try to reach an agreement through mediation or a lawyer. If that fails, you can ask the District Court of The Hague, Leiden location, to enforce the arrangement with sanctions or a change of residence.
How do I prove that my ex is deliberately obstructing contact?
Gather evidence by keeping a logbook of incidents and retaining communications (emails, messages). Testimonies from third parties or reports from agencies such as the Child Protection Board can also contribute.
May I pause contact if I suspect danger to my child?
You may not independently stop contact, even with concerns. Contact Veilig Thuis (0800-2000) or initiate an emergency procedure at the court in Leiden with legal assistance.
What does a legal procedure for contact obstruction cost?
The costs range from €1,500 to €5,000, depending on the case. This covers court fees (€350-€1,000), lawyer fees (€150-€300 per hour), and any reports. If you have a low income, you can apply for subsidized legal aid via the Juridisch Loket Leiden, Stationsweg 46.