A parent may lawfully remove the child to another State without the other parent’s consent only if the parent has sole custody of the child.
The other parent’s consent is necessary for the child’s removal to another State if the parents have joint custody of the child.
If the child’s removal to another State is necessary, but the other parent with joint custody of the child does not consent, application can be made to the court for alternative consent (Article 253A, Book I of the Dutch Civil Code (Nederlands Burgerlijk Wetboek)).
Yes, in the Netherlands the same rules apply to temporary removal and permanent removal of a child. Click here for the relevant form: ‘toestemming om te reizen’ (in Dutch) . ‘consent letter for minors travelling abroad’ (in English)
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