Dutch Civil Code

Book 10 Private International Law

Title 10.7 Other subject-matters of family law

Section 10.7.1 Parental responsibility and protection of children

Article 10:113 Protection of children
The protection of children is governed by:
a. the Convention concerning the powers of authorities and the law applicable in respect of the protection of infants concluded at the Hague on 5 October 1961 (Treaty Series 1968, 101)
b. Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000) (‘Brussels II Regulation 2003’)
c. the Act on the implementation of international child protection.

Section 10.7.2 International abduction of children

Article 10:114 International abduction of children
International abduction of children is governed by:
a. 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 (Treaty Series 1980, 134);
b. the Convention on the Civil Aspects of International Child Abduction, concluded at the Hague on 25 October 1980 (Treaty Series 1987, 139);
c. the Regulation mentioned in Article 10:113, under b (i.e. the ‘Brussels II Regulation 2003’), and;
d. the Act of 2 May 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 the implementation of the Convention on the Civil Aspects of International Child Abduction, concluded at the Hague on 25 October 1980, and providing general provisions with respect to requests for the return of abducted children over Dutch borders and the implementation thereof (Government Gazette 1990, 202).

Section 10.7.3 [reserved for future legislation]

Section 10.7.4 Maintenance

Article 10:116 Maintenance obligations
The law applicable to maintenance obligations shall be designated by:
a. the Protocol on the law applicable to maintenance obligations (OJ 331, 17), concluded at the Hague on 23 November 2007;
b. the Convention on the Law Applicable to Maintenance Obligations, concluded at the Hague on 2 October 1973 (Treaties Series 1974, 86);
c. the Convention on the Law Applicable to Maintenance Obligations towards Children, concluded at the Hague on 24 October 1956 (Treaty Series 1956, 144).