In The Netherlands, if a child is deemed at risk, child protection services can be called in. This can range from voluntary help to forced interventions. However, it is a stubborn myth that the authorities take children out of their homes easily. This article examines the role of child protection services in Dutch divorce and child custody cases and what usually happens when they are actively involved in proceedings.
Veilig Thuis: the first responder
VeiligThuis (translated as ‘Safe at home’) is an organisation where anyone can report suspicions or concerns about domestic violence, child abuse, or other forms of violence in dependency relationships. A report can be anonymous, which can make parents feel unjustly scrutinised. However, in but in many cases reports are made by police, school or a medical professional.
The English language version of the Veilig Thuis website can be consulted here.
Police reports to Veilig Thuis tend to be made after responding to an incident where a child was involved. Not only being directly involved with domestic violence or neglect can endanger the child. For example, a parent has been stopped drunk driving with the children in the car. But Veilig Thuis could also be involved because the children are witnessing verbally abusive arguments between the parents where the police have to intervene. Parental alienation is also a form of child abuse, which can result in intervention.
When a report is received, Veilig Thuis will assess whether to open a file and make further investigations. If the concerns are serious, they may interview the parents and children, contact schools, healthcare providers, or social workers involved with the children. Veilig Thuis can also make home visits and observe interactions between parents and children. Parental consent is not necessary when a child’s safety is at stake.
Veilig Thuis does not bring court proceedings itself. It refers cases needing legal intervention to the Raad voor de Kinderbecherming (see below). If legal proceedings are initiated (e.g. child custody, protective measures), Veilig Thuis’ findings will normally be shared with the court. Judges generally heavily rely on these reports when making their initial decisions.
Wijkteam: voluntary help in your local area
Veilig Thuis may recommend so called voluntary measures, but be aware that ignoring a ‘recommendation’ can result in a legal intervention, such as a supervision order forcing the parents to cooperate. Veilig Thuis can recommend certain forms of (non-medical) therapy for the children. They can also recommend parenting courses for divorcing parents to improve communication. This help is not organised by Veilig Thuis, but by local organisations in the municipality you live, generally termed the Wijkteam (translated as neighbourhood team). Parents can also access the Wijkteam themselves in case of problems to avoid crises. You can get a referral to the Wijkteam via your doctor/ GP or municipality.
Raad voor de Kinderbescherming: the legal professionals
The Raad voor de Kinderbescherming (often shortened to ‘De Raad’ or ‘RvdK’), the Dutch Child Protection Board, brings legal proceedings for child protection orders. Unless the situation is an emergency, a case will only be brought after De Raad has made a full child protection investigation to determine what is in the best interests of the child. De Raad is involved after a referral from Veilig Thuis. Once the investigation is complete, De Raad can:
- Decide protective action is not necessary;
- Request a supervision order for the child, whereby a guardian is appointed to protect the child’s interests (ondertoezichtstelling);
- Request the child is placed outside the home (uithuisplaatsing).
Role in divorce and custody proceedings
The main other involvement of De Raad is in advising the courts in ongoing divorce and custody proceedings. De Raad advises what custody and visitation measures are in the best interests of the children.
De Raad has case workers that work the court roster in each court to give ad hoc advice to the court at hearings in child custody cases and divorces. Do not be surprised if before a hearing somebody introduces themselves as the duty officer for De Raad. For lawyers it is not transparent when the courts request their presence, so their presence is not always predictable.
The on-duty case worker only has minimal information about the case In some cases they even have no information specific to the case. They will give general advice, say what roster would be suitable for a very young child or suggest coaching that could help the parents. Sometimes the parents will receive some stern words about cooperating with each other in the interest of the children.
If the court perceives that the parents are locked in serious conflict and the children are stuck in the middle, De Raad can be requested by the court to make a formal investigation into what outcome would be in the best interest of the children. A parent may also make a request for investigation. Unfortunately, due to chronic staff and funding shortages, an investigation can delay proceedings for anything up to a year.
Gecertificeerde instelling: the guardians
One of the worst pieces of jargon in the Dutch system is the name Gecertificeerde Instelling (GI for short). The GI (literally meaning Certified body) carries out supervision orders. Each regional organisation has its own funding and name. In Rotterdam, for example, the GI is Jeugdbescherming Rotterdam Rijnmond. A local court can also appoint a GI elsewhere that specialises in specific problems the child may face, such as William Schrikker Groep.
Once a supervision order has been ordered by the court and the GI assigned, the GI will assign a guardian (jeugdbeschermer). The guardian will start by meeting the parents and children. They can then advise and instruct the parents as to what measures to take. These instructions can be enforced by an enforcement order or a request the courts for further legal measures. Certain cases can be started by the GI, but mostly in consultation with De Raad.
The GI can also be given the power by the court to enforce or extend visitation arrangements for the child. If a parent has not seen their child in a long time, then it may be necessary to build up trust by having the first visits supervised. The visitation is then slowly extended until a full care roster is achieved. The guardian monitors the extensions and how the child is doing.
In practice, the guardian is the person that will have long term contact with the family and often will have the best view of what is really going on. It can be frustrating how often guardians are switched between cases. Though they work closely together, the GI is independent of De Raad. Sometimes the GI and De Raad may even clash as to what the next measures should be. This leaves it up to the courts to decide what next.
Child protection services and disappointed expectations
On paper the system looks good, but many parents and professionals will tell you that in practice children and parents end up in a labyrinth of red tape and endless waiting lists. The system is currently totally overstressed and underfunded.
Therefore, even when a supervision order is in place, it can take months for a guardian to be appointed. When the guardian recommends a course of action, funding first has to be obtained from the municipality the family lives in. Thereafter, the parents and children may be placed on a long waiting list. The more specialised the needs, the longer the wait. For expats, therapy or courses English or other languages are limited. It can take a long time for any progress to be made.
Parents sometimes go back to court themselves in the hope that the courts can provide a quicker solution. However, the family courts are also showing an ever-growing backlog. Though cases involving children are prioritised, a temporary visitation order may remain in place for up to two years before the parents can return to court for a final decision.
We regularly experience that parents are disappointed in their expectations of the Child Protection Services. Parents expect the authorities to swoop in, make an assessment and take a side. In practice, they remain neutral. This can be painful when it seems obvious that the problem is not just a contentious divorce, but one parent is constantly overstepping boundaries. If there has been domestic violence in the past, the victim often feels invalidated by being told that this is in the past and that this is not relevant to the future care of the children.
Finally: if in doubt, seek legal advice
The above is a very general description of the parties involved in the Dutch system. Though the process is regularly frustrating, there are great professionals working in child protection services, that will do their utmost for the children involved.
However, finding your way through the system can be problematic. Frustratingly, many child protection organisations do not have extensive information on their website in English, let alone other languages. Nor do local organisations always have enough understanding of the needs of expat families. Involving a lawyer at an early stage can help you navigate the system better. Mediation may also help to find a quicker solution together as parents than waiting for the system.
If you need further advice or have questions about child protection services, please feel free to contact us.
