Habitual Residence Jurisdiction in Family Law for Den Haag
In Den Haag, habitual residence jurisdiction determines which court, such as the Rechtbank Den Haag, is competent for family law proceedings such as divorces and child arrangements, particularly in international cases. This is the place where your life sustainably unfolds. Based on the Brussels IIb Regulation, it prevents 'forum shopping' and provides certainty for residents of Den Haag.
What does habitual residence mean?
Habitual residence (habitual residence) goes beyond your address in Den Haag; it is where you effectively and sustainably live. The European Court assesses this based on facts: social connections, work and family ties. Length of stay matters, as does your intention to remain.
For children, the child's own habitual residence takes centre stage, independent of the parents, which is crucial for cases before the Rechtbank Den Haag.
Legal basis
This jurisdiction stems from Regulation (EU) 2019/1111 (Brussels IIb), in force since 1 August 2022 in the EU (except Denmark). Key articles:
- Article 3: For divorces, the court of the spouse's habitual residence applies.
- Articles 5-15: For children, the court of the child's habitual residence.
- Articles 22-24: Party agreements (prorogation) and forum non conveniens.
In the Netherlands, the Code of Civil Procedure (Rv) supplements this via articles 149 et seq. Rv. In cross-border cases, Brussels IIb takes precedence, as applied by the Rechtbank Den Haag.
How is habitual residence determined?
Courts examine concrete indicators:
- Sustainability: Several months or longer, without a strict limit.
- Integration in Den Haag: Employment with Den Haag-based companies, children's schooling, local friends and housing.
- Intention: Supported by lease agreements, registration with the Gemeente Den Haag (BRP) and banking activities.
Table: Key factors for habitual residence in Den Haag
| Factor | Example 'yes' (Den Haag) | Example 'no' |
|---|---|---|
| Length of stay | >6 months with family in Den Haag neighbourhood | Short trip |
| Social ties | Child at Den Haag primary school, sports club | No local contacts |
| Professional | Permanent job at Den Haag institution | Temporary assignment |
| Formal proof | BRP with Gemeente Den Haag | Only foreign passport |
Jurisdiction of Rechtbank Den Haag
For an international divorce (more about international divorce): if both parties reside in Den Haag, the Rechtbank Den Haag is competent. If one spouse lives elsewhere, a foreign court may take precedence.
In child cases, the court of the child's habitual residence decides on care and contact. Wrongful relocation triggers the Hague Child Abduction Convention.
Practical examples from Den Haag
Example 1: Expat family in Den Haag
Jan and Maria have lived for 5 years in the Binckhorst with their child. Jan moves to Belgium for work, while Maria stays. The Rechtbank Den Haag retains jurisdiction for the divorce (art. 3) and child (residence in Den Haag).
Example 2: Attempt at forum shopping
Anna and Bob from Poland rent temporarily in Den Haag. Bob 'establishes' himself in Germany for the divorce. If the child's centre of life is with Anna in Den Haag, the local court remains competent; such tactics are seen through.
Example 3: Child with two addresses
Post-divorce, the child travels between Den Haag and Spain. Habitual residence is where the child is primarily based, such as school weeks in Den Haag, supported by evidence.
Your rights and obligations
Rights:
- Do not challenge jurisdiction lightly; seek advice to avoid delays.
- Agree on another court (prorogation, art. 22).
- Apply for provisional measures (art. 35).
Obligations:
- Prevent child abduction; this undermines jurisdiction (art. 8).
- Initiate proceedings at the correct court for validity.
- Prove your residence with documents.
Frequently asked questions for Den Haag
Different residences for spouses?
The court of the petitioner's habitual residence applies (art. 3), or the last joint residence in Den Haag. Strategy is fine, but must be factual.
Recognition of foreign judgments?
Judgments based on habitual residence are automatically recognised in the EU (art. 40), including by the Rechtbank Den Haag.
Temporary stay abroad from Den Haag?
Expat assignments change nothing if your life remains centred in Den Haag; courts apply a holistic test.
Challenging jurisdiction?
Possible via exception (art. 149 Rv), but rarely successful.
Tips for Den Haag residents
- Document thoroughly: Leases, schools in Den Haag, payslips to prove your habitual residence.
- Seek help: At Juridisch Loket Den Haag or a family law attorney for international analysis.
- Register in BRP: With Gemeente Den Haag for strong evidence.