1 Under what circumstances may a parent lawfully remove the child to another state without the other parent’s consent?
A parent may lawfully remove the child to another State without the other parent’s consent only if the parent has sole custody of the child.
2 Under what circumstances is the other parent’s consent necessary for the child’s removal to another state?
The other parent’s consent is necessary for the child’s removal to another State if the parents have joint custody of the child.
3 If the other parent does not consent to the child’s removal to another state, though it is necessary, how can the child be removed lawfully to another state?
If the child’s removal to another State is necessary, but the other parent with joint custody of the child does not consent, application can be made to the court for alternative consent (Article 253A, Book I of the Dutch Civil Code (Nederlands Burgerlijk Wetboek)).
4 Do the same rules apply to temporary removal (e.g. holiday, healthcare etc.) and permanent removal? If applicable, please provide relevant consent forms.
Yes, in the Netherlands the same rules apply to temporary removal and permanent removal of a child. Click here for the relevant form: ‘toestemming om te reizen’ (in Dutch) (288 Kb) . ‘consent letter for minors travelling abroad’ (in English) (298 Kb)
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