Implementation Act International
Child Protection

Act 16 February 2006 on the implementation of the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children concluded at the Hague on 19 October 1996 (Trb. 1997, 299) as well as on the implementation of the European Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (Brussels II Regulation), repealing Regulation (EC) No 1347/2000

Chapter 1 General provisions

Article 1 Definitions
In this Act is understood by:
- ‘the Convention’: the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children concluded at the Hague on 19 October 1996 (Trb. 1997, 299)
- ‘the Regulation’: the European Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility (Brussels II Regulation), (OJ L 338).

Article 2 Applicability of this Act to issues not covered by the Convention or Regulation
Chapters 1, 2, 4, 7 and 8 of the present Act apply as well to international issues of parental responsibility and measures for the protection of children in situations which are not covered by the Convention or Regulation.

Article 3 Application to children who have not yet reached the age of eighteen years
- 1. Without prejudice to Article 1, under point (a), of the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children concluded at Luxembourg on 20 May 1980 (Trb. 1981, 10), Article 4 of the Convention on Civil Aspects of International Child Abduction concluded at the Hague on 25 October 1980 (Trb. 1987, 139) and Article 2 of the Act of 2 May 1990 to implement these Conventions (Stb. 1990, 202), the present Act shall apply to children who have not yet reached the age of eighteen years.
- 2. Where a child, with regard to whom on the basis of the Convention, the Regulation or the present Act a request is pending, reaches the age of eighteen years, the consideration (examination) of that request will be discontinued (stay of proceedings) by operation of law. The same applies to measures for the execution of a judicial decision on such a request.

Chapter 2 Duties and powers of the Central Authority

Article 4 Designation and tasks of the Central Authority
- 1. The Minister of Justice is designated for the Netherlands as Central Authority in the meaning of Article 29 of the Convention and Article 53 of the Regulation.
- 2. The Central Authority is responsible for the tasks and duties that are charged under Chapter V of the Convention, respectively Chapter IV of the Regulation to Central Authorities. In situations that are not covered by the Convention or the Regulation, the Central Authority is in the same way responsible for examining requests for international intervention in matters of parental responsibility and for obtaining measures for the protection of children. When considering such requests, the provisions of Chapter V of the Convention will be observed as much as possible.
- 3. Where the Convention, the Regulation or the present Act is applicable, the Central Authority in particular must take all appropriate measures to promote amicable settlements with regard to the protection of the person or property of the child.
- 4. The designation of the Central Authority shall not preclude the right of a person to address himself directly to the courts or other authorities in order to obtain the recognition of parental responsibility over a child, the recovery of the responsibility for a child or the establishment or modification of a decision on parental responsibility or measures for the protection of a child.

Article 5 Power of the Central Authority to act in the name of the applicant
- 1. The Central Authority has the power, if necessary without the express authorization of the person who has addressed himself to it with a request, to act in the name of that person (applicant), both in and out of court.
- 2. Where the Central Authority acts in court it does not need the assistance of a solicitor, unless the legal action has to be instituted by a writ of summons (subpoena).
- 3. Without prejudice to Article 5, paragraph 3, of the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children concluded at Luxembourg on 20 May 1980 (Trb. 1981, 10) and Article 26 of the Convention on Civil Aspects of International Child Abduction concluded at the Hague on 25 October 1980 (Trb. 1987, 139), the Central Authority shall bear all costs related to the performance of its tasks.

Article 6 Delegation of power to the Child Protection Board
The Central Authority may delegate the performance of certain acts, others than acts in court, to the Child Protection Board. The provisions of the present Chapter shall in that event apply as well with regard to the Child Protection Board.

Article 7 Information duty for Municipalities and Registrars of Civil Status
The municipal bodies and Registrars of Civil Status will provide the Central Authority, free of charge, the requested information and copies and extracts from their records.

Article 8 Cooperation of other authorities required to locate a child
- 1. If the Central Authority needs the cooperation of public authorities in order to locate the residence or whereabouts of a child, it may turn for this purpose to the public prosecutor in the district where the child is probably staying or, otherwise, to the public prosecutor in the district of the Hague. The public prosecutor may delegate the matter to a public prosecutor in another district if the search probably should take place in that district.
- 2. The public prosecutor meant in paragraph 1 shall consider a request for cooperation from the Central Authority with priority.
- 3. The civil servant, appointed to carry out police duties, who is designated as the person to cooperate in the search for the residence or whereabouts of a child, may for this purpose enter any place or spot as far as this is reasonably required in the performances of his duties.

Chapter 3 Procedure in case of the placement of a child from the Netherlands in another State and in case of the placement of a child from another State in the Netherlands

Article 9 Decision on the placement of a Dutch child or the provision of care to a Dutch child in another State
- 1. The decision on the placement of a child from the Netherlands at a foster family or an institution in another State pursuant to Article 33 of the Convention or Article 56 of the Regulation, is made in the Netherlands by the Central Authority referred to in Article 4, paragraph 1. The same applies to decisions on the provision of care to a child from the Netherlands by a foster family or an institution in another State pursuant to Article 33 of the Convention or Article 56 of the Regulation.
- 2. The Central Authority shall send a substantiated request, accompanied by a report on the child, to the Central Authority or another competent authority of the State where the placement or provision of care will take place. It enters into consultation with this authority.
- 3. The decision meant in paragraph 1 shall be taken only after the Central Authority, referred to in Article 4, paragraph 1, has received the following documents:
a. a written statement from the person or institution where the child will be placed or who will take care for the child, from which their consent shows;
b. if desired, a report made by the Central Authority or another competent authority in the State where the placement or provision of care will take place, from which shows that the foster parent has the ability (eligibility and suitability) to provide foster care to the child in question;
c. the consent referred to in Article 33, second paragraph, of the Convention, or in Article 56, paragraph 2, of the Regulation;
d. where applicable, documents showing that the child has a permit or will obtain a permit to enter the State where the placement or provision of care will take place and documents showing that the child has or will obtain a residence permit in view of the placement or the provision of care.

Article 10 Placement of a foreign child or the provision orf care to a foreign child in the Netherlands
- 1. In case of a placement of a child from another State in the Netherlands or of the provision of care to such a child by a foster family or an institution in the Netherlands under Article 33 of Convention or Article 56 of the Regulation, the consent referred to in those Articles must be granted by the Central Authority referred to in Article 4, paragraph 1.
- 2. The consent referred to in paragraph 1, shall be granted only after the Central Authority, referred to in Article 4, paragraph1, has received a substantiated request from the competent authority of the State of origin of the child, accompanied by a report on the child, and after it has received the following documents, which documents it sends to the competent authority of the country of origin of the child:
a. a written statement from the person or institution where the child will be placed or who will take care for the child, from which their consent shows;
b. if desired, a report showing the ability (eligibility and suitability) of the foster parent to provide foster care to the child in question;
c. where applicable, documents showing that the child has a permit or will obtain a permit to enter the State where the placement or provision of care will take place and documents showing that the child has or will obtain a residence permit in view of the placement or the provision of care.
- 3. Notifications from foreign authorities, as provided for in Article 56, paragraph 4, of the Regulation, are addressed to the Central Authority referred to in Article 4, paragraph 1. The Central Authority referred to in Article 4, paragraph 1 sends copies of these notifications to the Child Protection Board and to the Immigration and Naturalization Service.

Article 11 Interim guardianship
- 1. If the provisions of Article 10 have not been observed, the public prosecutor or the Central Authority may request the Juvenile Court to entrust a Foundation as meant in Article 1, under point (f), of the Youth Care Act with the exercise of interim guardianship over the child. This request may also be made by the Child Protection Board. Unless the Juvenile Court has determined a longer duration for the interim guardianship, the Child Protection Board turns within six weeks after the decision on the establishment of interim guardianship to court to obtain a provision for the exercise of authority over the minor. Article 1:241, paragraph 4, 5 and 6, and Article 1:306a of the Civil Code apply accordingly. Article 813, second paragraph, of the Code of Civil Procedure applies accordingly.
- 2. The interim guardianship ends, unless terminated earlier, at the moment on which the minor is placed under legal guardianship or on which he is placed at other persons or institutions, or at the moment on which the return of the child to the State of origin has been arranged.
- 3. The costs made by the Foundation on behalf of the child, shall be borne by the person who received the child in violation of Article 10. Articles 69 and 71 up to and including 76 of the Youth Care Act apply accordingly.

Chapter 4 Administration of justice in respect of parental responsibility and measures for the protection of children

Article 12 Jurisdiction on matters of parental responsibility or on measures for the protection of children
- 1. Without prejudice to the jurisdiction of the provisional relief judge, the District Court has jurisdiction to hear all matters relating to the establishment and exercise of parental responsibility and measures for the protection of children in international situations, except with regard to the recognition, not recognition and enforcement of foreign judicial decisions.
- 2. The District Court has jurisdiction to hear a matter referred to in paragraph 1 if the child is habitually resident within its territorial jurisdiction. In cases where the Convention or Regulation grants jurisdiction to the authorities (courts) of the Contracting State where the child is not habitually resident, but where it is actually staying, the District Court in whose district the child is actually staying has jurisdiction to hear such matters. In cases where the Convention or Regulation grants jurisdiction to the authorities (courts) of the State where the child is not habitually resident nor actually staying, the District Court of the Hague has jurisdiction to hear such matters.

Article 13 Application procedure
Matters with regard to which the District Court has jurisdiction pursuant to Article 12, paragraph 1, must be initiated by a petition (application). The petition has to be submitted by a solicitor. Where the applicant has addressed the Central Authority, the petition (application) may be submitted as well by the Central Authority. The petition will include an elected domicile of the applicant within the district of the District Court. An applicant who has addressed the Central Authority, is considered to have his elected domicile at the office (address) of the Central Authority.

Article 14 Applicability of other legislation
Article 14 of the Act of May 2, 1990 on the implementation of the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children concluded at Luxembourg on 20 May 1980 and on the implementation of the Convention on the Civil Aspects of International Child Abduction concluded at the Hague on 25 October 1980 and the general provisions relating to requests for the return of abducted children across the Dutch border and their implementation (Stb. 1990, 202), shall apply in cases covered by the Convention, the Regulation and the present Act.

Chapter 5 Recognition, non-recognition and enforcement of judicial decisions on the basis of the Convention

Article 15 Jurisdiction of the provisional relief judge
- 1. The provisional relief judge of the District Court has jurisdiction to hear all requests relating to the recognition, the non-recognition and enforcement of foreign judicial decisions on parental responsibility and measures for the protection of children within the meaning of the Convention, as far as the recognition, the non-recognition and its implementation are not governed by the Regulation. Regarding the enforcement, Articles 985 to 990 of the Code of Civil Procedure are not applicable.
- 2. The provisional relief judge of the District Court in whose district the person(s) against whom enforcement is sought, respectively, in whose district the child to whom the application relates, habitually resides, has jurisdiction in the cases referred to in paragraph 1. If none of those persons habitually resides in the Netherlands, the provisional relief judge of the District Court in whose district the enforcement and execution shall take place has jurisdiction. Where jurisdiction cannot be based on the grounds specified in the previous sentences, the provisional relief judge of the District Court of the Hague has jurisdiction.
- 3. A request for a provisional order as referred to in paragraph 1, must be instituted by petition (application). It must be submitted by a solicitor. Where the applicant has addressed the Central Authority, the petition (application) may be submitted as well by the Central Authority. The petition will include an elected domicile of the applicant within the district of the District Court. An applicant who has addressed the Central Authority, is considered to have his elected domicile at the office (address) of the Central Authority.

Article 16 Effect of a provisional order of the provisional relief judge
- 1. The provisional relief judge with whom an application as referred to in Article 15, paragraph 1, has been lodged, shall decide on it without delay.
- 2. The provisional order in which permission for an enforcement is granted has immediate effect, irrespective of any appeal or other legal measure taken against it.

Article 17 Appeal against a provisional order
- 1. The District Court of which the provisional relief judge has passed a provisional order on an application as referred to in Article 15, paragraph 1, shall hear an appeal against that provisional order. Only the parties can appeal against such a provisional order.
- 2. An appeal against a provisional order in which an application referred to in Article 15, paragraph 1, has been granted, must be lodged within one month from the moment that this provisional order has been served by bailiff’s writ on the person making the appeal. If the party against whom enforcement is sought, has his habitual residence outside the Netherlands, the period for appeal is two moths as of the day on which the provisional order has been served by bailiff’s writ on him, either in person or at his address. This period of appeal cannot be extended on the ground of the distance of that party to the territory of the Netherlands.
- 3. If an appeal is brought by the applicant in first instance against a denial of an application as referred to in Article 15, paragraph 1, it must be lodged within one month after the date on which the provisional order was given.
- 4. The District Court where the appeal has been lodged, shall decide on it without delay.
- 5. Against the decision on appeal only an appeal in cassation is open.
- 6. The District Court where the appeal has been lodged, respectively, the Supreme Court where an appeal in cassation has been lodged, may stay proceedings upon the request of the party against whom enforcement is sought, if in the State of origin a normal legal remedy or action has been instituted against the foreign judicial decision of which enforcement is sought in the Netherlands or if the appeal period in that State with regard to that judicial decision has not yet expired. In the last situation the District Court, respectively, the Supreme Court may set a time period during which the legal remedy or action must have been instituted.
- 7. If the foreign judicial decision contains a ruling on more than one part of the application and a permission for enforcement cannot be granted with respect to all of these parts, it is possible to grant the permission for enforcement only with respect to one or more of those parts.
- 8. An applicant may request for a partial enforcement.

Chapter 6 Recognition, non-recognition and enforcement of judicial decisions on the basis of the Regulation

Article 18 Jurisdiction of the provisional relief judge
- 1. The provisional relief judge of the District Court has jurisdiction to hear requests as referred to in Articles 21, paragraph 3, 28 and 48, paragraph 1, of the Regulation. Regarding the enforcement, Articles 985 to 990 of the Code of Civil Procedure shall not apply.
- 2. Article 29, paragraph 2, of the Regulation shall apply to the subject-matter jurisdiction of the provisional relief judge in cases provided for in Article 21, paragraph 3, of the Regulation. Where jurisdiction cannot be based on the listed grounds, the provisional relief judge of the District Court of the Hague has jurisdiction.
- 3. A request for a provisional order as referred to in paragraph 1, must be instituted by petition (application). It must be submitted by a solicitor. Where the applicant has addressed the Central Authority, the petition (application) may be submitted as well by the Central Authority. The petition will include an elected domicile of the applicant within the district of the District Court. An applicant who has addressed the Central Authority, is considered to have his elected domicile at the office (address) of the Central Authority.
- 4. Where insufficient documents have been added to the petition (application), the applicant shall obtain the opportunity to submit the documents referred to in Article 37, paragraph 1, under point (a), of the Regulation, this without prejudice to Article 38, paragraph 1, of the Regulation.

Article 19 Effect of a provisional order of the provisional relief judge
- 1. The person against whom enforcement is sought and other interested parties are called to the proceedings for a decision on an application as referred to in Article 18, paragraph 1.
- 2. Granting the request, referred to in Article 28 of the Regulation, by the provisional relief judge takes the form of a simple permission that is placed on the submitted copy of the judicial decision of which enforcement is sought.
- 3. The provisional order in which permission for an enforcement is granted has immediate effect, irrespective of any appeal or other legal measure taken against it.

Article 20 Appeal against a provisional order
- 1. The District Court of which the provisional relief judge has passed a provisional order on an application as referred to in Article 18, paragraph 1, shall hear an appeal as meant in Article 33 of the Regulation.
- 2. The appeal meant in Article 33 of the Regulation is lodged, when it is brought by the applicant and when it is directed against a denial of an application as referred to in Article 18, paragraph 1, within one month after the date on which the provisional order of the provisional relief judge was given.
- 3. The District Court where the appeal has been lodged, shall decide on it without delay.

Article 21 Inapplicability of some provisions of the Dutch Civil Code
- 1. The procedure of Article 1:26 of the Civil Code does not apply in respect of a request based on Article 21, paragraph 3, of the Regulation for a decision on the recognition or non-recognition of a judicial decision taken in another Member State concerning a divorce, legal separation or the annulment of a marriage.
- 2. Article 1:26e of the Civil Code applies accordingly to a decision referred to in paragraph 1.

Article 22 Application for a certificate to be lodged with the provisional relief judge
In the situation meant in Article 41, paragraph 3, last sentence, of the Regulation, the application for a certificate regarding a judicial decision on rights of access must be lodged by a solicitor with the provisional relief judge of the District Court whose Juvenile Court has passed the judicial decision. The provisional relief judge decides on the application without delay. Article 19, paragraph 1, applies accordingly.

Article 23 Certificate issued by a Dutch court
If the certificate referred to in Article 43 of the Regulation is issued by a Dutch court, then Article 31 of the Code of Civil Procedure shall apply accordingly to the procedure provided for by Article 43 of the Regulation.

Chapter 7 International cooperation of courts

Article 24 Promotion of consultation between Dutch and foreign judges
- 1. The Judiciary Council points out one or more judges of the Juvenile Court which in particular are responsible for facilitating contacts between judges in the Netherlands before whom proceedings are pending on the basis of the Convention, the Regulation or the present Act and judges abroad who have jurisdiction on these matters, and for contacts between foreign judges before whom such proceedings are pending and judges in the Netherlands who have jurisdiction on these matters.
- 2. Where a judge in the Netherlands wishes to consult a foreign judge in connection with proceedings as meant in paragraph 1, he may make use of the intervention of the judge meant in paragraph 1.
- 3. In intervention referred to in paragraph 2 will be provided as well on behalf of a foreign judge who, in connection with proceedings as meant in paragraph 1, wishes to consult a judge in the Netherlands.
- 4. If, in connection with a consultation in the sense of paragraph 2 or 3, documents must be translated or the assistance of an interpreter is required, the judge meant in paragraph 1 shall take care of this.
- 5. Before a consultation in the sense of paragraph 2 takes place, the judge before whom proceedings are pending, shall notify the involved parties thereof. After the consultation has taken place, he sends a report of this consultation to the involved parties.
- 6. The transfer of applications as referred to in Articles 8 and 9 of the Convention and Article 15 of the Regulation takes place by intervention of the judge meant in paragraph 1. The judge that has transferred an application to a foreign court, notifies the involved parties thereof.

Chapter 8 Certificate of parental responsibility

Article 25 Issuance of a certificate of parental responsibility
- 1. A notary is authorized to issue a certificate as referred to in Article 40 of the Convention.
- 2. The certificate will be issued in a from set for this purpose by the Minister of Justice.

Chapter 9 Overlap with other International Conventions

Article 26 Relation between the Hague Convention 1996 and the Luxembourg Convention 1980
In relations between the Netherlands and other States which are a party to both, the Convention meant in Article 1 and the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children concluded at Luxembourg on 20 May 1980 (Trb. 1981, 10), the Convention meant in Article 1 shall precede.

Chapter 10 Amendment of other Acts

Article 27 [Amendment to Book 1 of the Civil Code]

Article 28 [Amendment to the Code of Civil Procedure]

Article 29 [Amendment to the Act on Implementation of the European Enforcement Regulation]

Chapter 11 Final Provisions

Article 30 Transitional law
- 1. Article 28, part B, of the present Act shall apply to proceedings, which have been started on or after 1 March 2005, relating to a divorce, legal separation, the dissolution of a marriage after a legal separation and the annulment, nullity or validity of a marriage.
- 2. The Convention meant in Article 1 shall not apply in proceedings relating to parental responsibility or measures for the protection of children if proceedings have been started before the date on which this Convention entered into force in the Netherlands and with regard to which a judicial decision is rendered after that date.
- 3. The entry into force in the Netherlands of the Convention meant in Article 1 does not affect parental responsibility which prior to this moment has arisen by operation of law on behalf of a person.
- 4. As of the day on which the Convention meant in paragraph 1 has entered into force in the Netherlands, the arising of parental responsibility by operation of law on behalf of a person who did not yet have such responsibility, will be governed by that Convention

Article 31 Entry into force
The present Act shall enter into force on a date to be determined by Royal Decree (1 May 2006).

Article 32 Citation
The present Act may be cited as: ‘Implementation Act International Child Protection’