To start a return procedure, you need a lawyer. There are lawyers who know a lot about child abduction cases. At the International Child Abduction Centre (Centrum IKO), you will find a list of specialised lawyers. 

Are you the parent with custody of a child (or children) taken to the Netherlands by the other parent? Your lawyer can start a return procedure by filing a petition with the District Court of The Hague. You are the applicant in the procedure. Your lawyer will explain in the petition why your case concerns international child abduction. Your lawyer will send supporting documents to support your story.

Within 2 weeks after the lawyer sends the petition to the court, there is an initial hearing with one judge. This is called a pre-trial hearing. Both parents (and their lawyers) will receive an invitation to this. If you have a lawyer,  the court will send the summons to your lawyer. The judge also invites the Child Care and Protection Board to give its opinion.  If you do not speak Dutch well, you may bring an interpreter. You or your lawyer must arrange and pay for the interpreter yourself.

What happens during the pre-trial hearing?

• The judge will discuss the situation with you and the other parent.
• The judge will discuss with both of you whether you want to participate in crossborder mediation (see below).
• The judge discusses the options for the parent abroad and the child to quickly regain contact with each other.
• During the pre-trial hearing, the judge considers whether additional information is needed for the second hearing.
• In principle, the judge does not yet make a decision on the child's return during or after the pre-trial hearing.
• Finally, the judge may issue a provisional guardianship order during or after the pre-trial hearing. This is a temporary child protection measure to ensure that the child is looked after and that the child's whereabouts are known.

Crossborder mediation

Crossborder mediation is a special form of mediation. It usually involves two mediators, preferably a lawyer and a behavioural scientist (such as a psychologist or orthopedagogue (remedial educationalist)). A staff member of the Centrum IKO will be present in court during the pre-trial hearing. Immediately after the pre-trial hearing, this staff member will meet with you and the other parent to agree on mediation. It depends on your income and assets whether you can get government subsidy for the cost.

If the parents enter crossborder mediation, there are two options:

1. The parents make agreements on whether or not the child will return. The court will then no longer have to decide on the return. There will be no second hearing. However, the court can include the agreements made in a decision.
   
   
2. The parents have not been able to agree on whether or not the child will return. The court must then decide. There will be a second hearing (substantive hearing) with three judges (the three-judge division).

Curator ad litem

If the court has to make a decision, it will immediately appoint a curator ad litem for all children aged three and above. This is a person who assists the child in the procedure. The curator ad litem conducts two interviews with the child, makes a report of these and sends it to the court so that the court knows how the child feels and what their wishes and concerns are. After the judgment, the curator ad litem can explain to the child what the judgment is and what it means.

Has a return procedure been initiated against you by the other parent because you took the child to the Netherlands? You are then the opposing party (respondent) in this case. You can respond in several ways:

Written response

You can file a statement of defence with the District Court of The Hague. You will need a lawyer (kinderontvoering.org) for this. Your lawyer writes in the statement of defence why you disagree with the request for the child's return. Your lawyer can send supporting documents to support your story.

Oral response

You can also tell your story to the judge during the hearing (conduct a defence). During the hearing, the judge will ask questions for you to answer. You can ask a lawyer to help you during the hearing, but it is not necessary (see Legal Advice page (in Dutch)).

If your child is over 6 years old, they will receive an invitation for a child interview with the judge(s). This child interview takes place before the second hearing. The judge conducts this interview only with the child. The curator ad litem may attend if the child wants.

If your child does not speak Dutch well, the court will arrange for an interpreter. The child interview is not in the courtroom, but in another room in the court.

Who will be present at the hearing?

This hearing is held by three judges, which is called the three-judge division.

You are not obliged to come to this hearing, but it is very important. The judges think it is important to hear the story of you and the other parent. Your lawyer can help you with this.

This hearing is not open to the public. No public is allowed to be present. The child and other family members, friends or acquaintances are not allowed to be present either.

A staff member of the Child Care and Protection Board is always present. The curator ad litem is also always present at the hearing.

If you do not speak Dutch well, you may bring an interpreter. You or your lawyer must arrange and pay for the interpreter yourself.

How does the hearing proceed?

The judges read the file carefully before the hearing begins. The hearing goes something like this:

• The judge first briefly reports on the interview with the child.
• During the hearing, you and your lawyer may explain your position and respond to the other parent's position.
• The judges may also ask you further questions.

The curator ad litem and the staff member of the Child Care and Protection Board tell how the child is experiencing the situation and can give tips. 

The three-judge division gives its decision in writing within 2 weeks of the substantive hearing. The written judgment is called a decision. The decision will be sent to your lawyer or to yourself if you do not have a lawyer.

Possible judgment

Two judgments are possible:

• The request is granted: The parent who took the child to the Netherlands or kept the child in the Netherlands must have the child returned to the other parent's country.
• The request is rejected: The child does not have to return to the other country. 
  

If you disagree with the court's judgment, you can go to a higher court to have the case heard again (appeal). This must be done within 2 weeks from the date of the judgment. The other parent can also appeal within 2 weeks. 

After filing an appeal, a hearing will be held at the court within 3 weeks. The court of appeal again invites the child older than 6 years for a child interview in appeal proceedings. And is the same curator ad litem there for the child. The court of appeal will also arrange an interpreter for the child if necessary. A staff member of the Child Care and Protection Board is present during the hearing. The court of appeal gives its decision in writing within two weeks of the hearing.

More information on appeal