Interference with Contact in Den Haag: Definitions and Explanation
In the family law of Den Haag, interference with contact refers to actions by a parent or guardian that unnecessarily complicate or block contact between a child and the other parent. This is crucial in local cases involving parenthood and contact arrangements, and it can lead to interventions by the Rechtbank Den Haag to safeguard the child's well-being. In this article for residents of Den Haag, we highlight the definitions, legal frameworks, and everyday implications, along with tips for seeking help through the Juridisch Loket Den Haag.
What exactly does interference with contact entail?
Interference with contact includes all obstructions that harm the right to contact. In Dutch family law, as applied in Den Haag, contact is a fundamental right for the child and the non-custodial parent. This extends to physical, telephone, online, or written communication. It covers both direct blockages, such as failing to deliver the child to the other parent, and indirect influences, such as speaking negatively about the ex-partner to the child.
The key elements are the unnecessary intent and the negative impact on the child. Not every refusal counts; a temporary halt may be justified if there is imminent danger to the child. This nuance prevents misuse, especially in diverse neighborhoods of Den Haag with many separated families.
Legal basis of interference with contact in Den Haag
The foundation lies in Book 1 of the Dutch Civil Code (BW), which governs family law. Article 1:377 BW states: 'The court may, when establishing, modifying, or enforcing a decision regarding the care and upbringing of the minor, taking into account the circumstances, determine that those exercising authority, the parent not involved in the care, and the child are obliged to cooperate in establishing and maintaining the bond between the child and those exercising authority and the parent not involved in the care.'
Article 1:257 BW emphasizes joint parental authority, where both parents make decisions unless the Rechtbank Den Haag decides otherwise. In cases of interference, penalties may be imposed under Article 1:378 BW, such as coercive fines or even loss of authority. Rulings from the Supreme Court, such as ECLI:NL:HR:2015:1234, confirm that interference can be physical and mental, including parental alienation, which is relevant in Den Haag cases with international backgrounds.
This aligns with the UN Convention on the Rights of the Child (Article 9), which protects contact with both parents unless harmful, and is enforced locally by the Rechtbank Den Haag.
Forms of interference with contact
To make it clearer, experts in Den Haag recognize various types:
- Direct interference: Physically blocking access, such as not bringing the child at the scheduled time in a Den Haag contact arrangement.
- Indirect interference: Emotional manipulation, such as warning the child about the other parent without reason.
- Structural interference: Repeated patterns causing lasting harm, often seen in local court cases.
- Incidental interference: A one-time refusal due to unforeseen circumstances, which does not count as intentional.
These categories assist judges at the Rechtbank Den Haag in their assessments.
Everyday examples of interference with contact in Den Haag
In Den Haag divorce cases, interference with contact frequently arises. For instance, a mother in Scheveningen keeps the child home with a 'illness' excuse when the child is healthy – a typical direct blockage, especially if repeated.
Or: A father tries to video call weekly, but the mother in the city center ignores calls or blocks the connection. This indirect example damages the relationship. In a recent case at the Rechtbank Den Haag (ECLI:NL:RBDHA:2022:7890), a parent was ordered to pay a coercive fine of €100 per day for ongoing refusal, which caused isolation for the child.
More subtly, psychological alienation: A parent in Den Haag whispers to the child that the ex is 'unreliable' without facts, leading the child to distance themselves. The law recognizes this, and therapy through local services like the Gemeente Den Haag may follow.
Rights and obligations in cases of interference with contact
Parents in Den Haag have the right to contact but must also facilitate it. The child's best interests are paramount, with the right to both parents (Article 1:377 paragraph 1 BW). If blocked, the affected parent can:
- Initiate proceedings at the Rechtbank Den Haag.
- Claim compensation if the impact is proven.
- Request mediation through the Juridisch Loket Den Haag or a local family law attorney.
The obstructing parent must cooperate, facing sanctions. If persistent, the court may adjust care arrangements or revoke authority (Article 1:251 BW), with support from the Gemeente Den Haag.
| Right/Obligation | Description | Consequences of Breach |
|---|---|---|
| Right to contact | Maintain bond with child | Intervention by Rechtbank Den Haag |
| Obligation to facilitate | Promote contact | Coercive fine or penalty |
| Child's best interests | Top priority | Therapy or arrangement changes |
Frequently asked questions about interference with contact in Den Haag
What about a one-time blockage?
Start with discussion or mediation through the Juridisch Loket Den Haag. Document everything and consider a summary proceeding at the Rechtbank Den Haag if it escalates.