22-05-2017
The Dutch Civil Code was not clear about the right of the child protection institute to suspend the visitation right of the parent (who lost custody).
According to the Supreme Court art. 8 ECHR is not violated if the court explains the content of an (unclear) statutory clause resulting in an interference with familiy life.
However, the request of the institute shoud have been filed in accordance with Dutch procedural law. For this reason, the Supreme Court cancelled the decision of the Court of Appeal.
For more information see the decision in Dutch.
The parent was assisted before the Supreme Court by Niels van Steijn.
