The right of access to a child is usually recognized as a fundamental right of parents and it is protected by national and international law and jurisprudence. The European Convention on Human Rights (ECHR) governs the right to respect for family life, including the right of access between parents and their children. The specific article that addresses the right of access is Article 8 of the ECHR. This article recognizes the right of individuals to respect for their family and family life, including the right to have contact with their children. It prohibits government interference with this right unless such interference is provided for by law and is necessary in a democratic society, for example in cases where it is in the child's best interest to restrict contact with a parent to ensure the child's safety or well-being. The right of access between parent and child is an important basis for the protection of this right in the Netherlands.
Who has the right of access to the minor child?
It follows, among other things, from the European Convention on Human Rights (ECHR) that the person who is in a close personal relationship with the child also has, in principle, the right of access to the minor child.
Answering the question of whether there is a close personal relationship with the child is casuistic in nature. We therefore recommend that you contact us if you want to know whether you are entitled to access to a minor child.
The non-custodial parent has a right to and an obligation of access to his child (Article 1:377a BW). Parental authority also includes the obligation of a parent to promote the development of his child's ties with the other parent (Article 1:247 paragraph 3 BW).
Can the right of access to the minor child be denied?
Article 1:377e paragraph 3 of the Civil Code provides that the court shall deny the right of access only if:
- handling would cause serious harm to the child's mental or physical development, or
- the parent or the person in a close personal relationship with the child must be considered manifestly unfit or manifestly incapable of access, or
- the child who is twelve years of age or older has shown serious objections to contact with his parent or with the person with whom he is in a close personal relationship when questioned, or
- access is otherwise contrary to compelling interests of the child.
Any rejection of a request to establish a visitation arrangement and any decision denying access shall be temporary in nature, in the sense that the parent whose request has been rejected or to whom access has been denied may, in the event of a change in circumstances and in any case after the lapse of one year, apply again to the court to have a visitation arrangement established.
Need a lawyer for a child access issue?
In matters involving access to a minor child, a person with a close personal relationship to the child may take legal action to enforce his or her right to access. In these proceedings, the best interests of the child are always paramount.
If you need legal assistance with a child access issue, please contact us. You can send an email to info@klpadvocaten.nl or (during office hours) call 020-6731548.
