Child's Right to Be Heard at Rechtbank Zoetermeer

The Child's Right to Be Heard at Rechtbank Zoetermeer

In Zoetermeer, the child's right to be heard allows children to voice their opinion at the Rechtbank Zoetermeer in matters that affect their lives, such as divorces, contact arrangements, or parental authority disputes. This right, grounded in the UN Convention on the Rights of the Child and Dutch legislation, promotes child-centered decisions in family law. Zoetermeer residents can obtain free advice on this right from Het Juridisch Loket Zoetermeer.

Legal Basis of the Right to Be Heard

The right to be heard is firmly enshrined in law. In the Netherlands, Article 1:257a of Book 1 of the Civil Code (DCC) requires the judge at Rechtbank Zoetermeer to hear the child if it wishes or if necessary for a proper decision. For children aged 12 and older, this is standard, unless it imposes an excessive burden.

On the international level, it stems from Article 12 of the UN Convention on the Rights of the Child (CRC), which the Netherlands follows. Children capable of forming an opinion have the right to express it in relevant proceedings, with due weight given based on age and maturity. In addition, Article 810a of the Code of Civil Procedure (CCP) outlines the procedure, making it mandatory in parental authority, care, or contact disputes.

When Does the Right to Be Heard Apply in Zoetermeer?

Primarily in family law proceedings at Rechtbank Zoetermeer:

• Divorces or dissolution of partnerships.
• Approval of agreements on parental authority and contact.
• Disputes over parental authority, residence, or primary residence.
• Applications for changes to contact arrangements or out-of-home placement via the Municipality of Zoetermeer.

For children under 12, the judge decides based on maturity; from age 12, an invitation is always issued unless there are compelling reasons against it (such as trauma). It does not apply in criminal cases but does in civil family law matters.

Overview of Age and Duty to Hear

How Does the Hearing Take Place at Rechtbank Zoetermeer?

The judge conducts a child interview at Rechtbank Zoetermeer, held confidentially without parents present, in a child-friendly room. It lasts 20-45 minutes and involves simple questions such as: "Where do you feel at home?" or "What do you think is best?"

In complex cases, a special guardian (Article 1:258 DCC) or representative may be appointed. Investigation agencies like the NIDR can conduct a child interview. A trusted person may attend, but parents may not, to prevent influence.

Practical Examples from the Zoetermeer Region

Example: Parents from Zoetermeer divorce; mother seeks primary residence, father wants contact. The 13-year-old child states in the interview: "I'd rather stay with dad because of school in Seghwaert and my friends." The judge awards primary residence to the father.

In an out-of-home placement report via the Municipality of Zoetermeer, a 10-year-old refuses. After the hearing, the judge opts for in-home care instead of placement, considering the child's maturity.

In a contact dispute, a 15-year-old says: "No more contact with mother due to tensions." The arrangement is adjusted with the child's welfare as priority.

The child's wish does not bind the judge but carries significant weight.

Rights and Obligations Regarding the Right to Be Heard

Child's rights:

• Speak freely without repercussions.
• Refuse to speak (no coercion).
• Express opinion via letter/video if hearing is too burdensome.

Parents' obligations:

1. Inform and encourage the child.
2. Exercise no influence.
3. Cooperate (obstruction is punishable).

In case of violation: coercion or adjustment of parental authority. Seek help at Het Juridisch Loket Zoetermeer.

Frequently Asked Questions