Article 9: Separation of a child from their parents

Convention text

1. 

The countries that have signed the Convention must ensure that a child is not separated from their parents against their will. However, a child may be separated from their parents if the authorities decide that this is in the best interests of the child. This may be the case, for example, in situations of abuse or neglect, or when parents are living apart and a decision must be made about where the child is to live. The government may separate a child from their parents only if it complies with all applicable rights and procedures.

2.

If a child is separated from their parents as described in the previous paragraph, all parties involved must be given the opportunity to take part in the proceedings. They must be able to express their views and explain what matters to them.

3.

If a child is separated from one or both parents, the child has the right to maintain regular personal contact with both parents, unless this is not in the best interests of the child. The countries that have signed the Convention agree on this.

4. 

If a child is separated from one or both parents as a result of a measure taken by a country that has signed the Convention, that country must, upon request, provide the child, the parents or another family member with information on the whereabouts of the absent family member. Such measures include, for example, arrest, detention, exile or deportation. This also applies where the separation results from a measure leading to the death of a parent or the child, including where a person dies while in the custody of the authorities. However, the authorities are not required to provide such information if doing so would be harmful to the child’s well-being. They must also ensure that making such a request does not have adverse consequences for the person who makes it.

Key point

Children and parents must not be separated from each other, unless this is in the best interests of the child and all relevant rules are followed. In such cases, children and parents must be able to express their views. If children and parents are separated, they have the right to regular personal contact, unless this is not in the best interests of the child.

Explanation

Children may be separated from one or both parents for various reasons. For example, a child may live in foster care, or a child or a parent may be in prison. Separation may also occur if a parent is required to leave the country because they are not granted a residence permit, meaning permission to live in the Netherlands. If a child and their parents are separated, the child has the right to personal contact with both parents, unless this is not in the child’s best interests. The government must also inform children of the whereabouts of their parents, for example if they have been detained or deported. However, this is not required if it would not be in the child’s best interests.

Children and parents who separate

In the Netherlands, many children are affected by parents who separate. A child may then spend part of the time with one parent and part with the other, or live with one parent and see the other at agreed times. Parents who separate decide where a child will live, but the child’s views are very important in this decision. If parents cannot reach agreement, a court will decide what happens. The court will also ask for the child’s views. In the Netherlands, courts are required to take into account the views of children aged 8 and over. If a child is under the age of 8, this is not mandatory, but the court may still ask for their views. The court will then assess whether the child understands the situation sufficiently. A child cannot be forced to express a view.