Dutch Civil Code

Book 1 Law of Persons and Family Law

Title 1.15 Right of contact with the child and the provision of information

Article 1:377a Right of contact and visitation arrangements
- 1. A child has a right of contact [right of access] with its parents and with those persons with whom it maintains a close personal relation. A parent who has no authority over the child, has the right and the obligation to have contact with his child.
- 2. Upon the request of both parents or of one of them or upon the request of the persons with whom the child maintains a close personal relation, the court shall order an arrangement for exercising the right of contact (‘visitation arrangement’), whether or not for a specific period, or it shall deny the right of contact, whether or not for a specific period.
- 3. The court shall only deny a right of contact if:
a. such contact would seriously harm the mental or physical development of the child, or
b. the parent or the person with whom the child maintains a close personal relation is obviously incapable or clearly not in a position to have contact with the child, or;
c. the child who has reached the age of twelve years expressed at its hearing before the court that it has serious objections against having contact with his parent or the person with whom it maintains a close personal relation, or;
d. such contact is otherwise in conflict with significant interests of the child.

Article 1:377b Information and consultation
- 1. The parent who has been entrusted with authority over the child, must inform the parent without authority of important matters concerning the person and the property of the child and he must consult this parent - if necessary through third parties – on decisions to be taken on these matters. At the request of a parent the court may make an arrangement for this purpose.
- 2. If the interest of the child require so, the court may order, upon the request of the parent exercising authority or of its own motion, that paragraph 1 of the present Article will remain inapplicable.
- 3. Article 1:377e applies accordingly.

Article 1:377c Information to be provided by professional third persons
- 1. Without prejudice to the provisions of Article 1:377b the parent without authority will, if he desirers so, be informed by third persons of important facts and circumstances concerning the person of the child or the child’s care and upbringing, available to these third persons on account of their profession, unless these third persons would not in the same way provide this information to the person who exercises authority over the child or at whose address the child’s habitual residence is located or unless the interest of the child are not served by providing such information.
- 2. If the provision of information has been refused, the court may order, upon the request of the parent meant in paragraph 1, that the information must be provided in the way as specified to this end in its court order. The court shall in any event reject such a request if providing this information would be in conflict with the interests of the child.

Article 1:377d Start of exercising right of contact (right of access)
- 1. Notwithstanding the provisions of paragraph 2 of the present Article, the exercise of the right of contact will start as soon as the relevant court order has become final and binding or, if it has been made enforceable with immediate effect, the day after the court order has been handed over or sent out.
- 2. If as well a court order on authority over the child is given or has been given, the exercise of the right of contact will start no sooner than at the moment on which the other parent or the guardian has started to exercise his authority.

Article 1:377e Change of a court order or a visitation arrangement for having contact with the child
At the request of both parents or of one of them or at the request of a person with whom the child maintains a close personal relation, the court may change a court order establishing a right of contact or a visitation arrangement made by the parents mutually on the ground of a change of circumstances or on the ground that the court order was taken on the basis of incorrect or incomplete information.

Article 1:377f [repealed on 01-03-2009]

Article 1:377g Minor himself may ask the court to take certain decisions
The court may of its own motion give a court order based on Articles 1:377a, 1:377b or 1:377f or change an earlier given court order by virtue of Article 1:377e if the child has indicated to the court that it would appreciate this. The same applies if the minor has not yet reached the age of twelve years, but is regarded to be able to evaluate his interests in the matter reasonably.

Article 1:377h [repealed on 01-03-2009]