Travel with Children: Compulsory Education and Exemption

Questioner

We would like to travel around the world for six months with our children, then aged 9 and 4, but we have been rejected by the education officer. Are there other ways to get permission or can I object? If not, what are the consequences if we go anyway?

Lawyer

On the following website of the Dutch government ( http://www.rijksoverheid.nl/onderwerpen/leerplicht/vraag-en-antwoord/mag-ik-mijn-kind-buiten-de-schoolvakanties-mee-op-vakantie-nemen.html ) I found the following about this: 'You are not allowed to take your child on holiday outside the school holidays. If you do, you will violate the Compulsory Education Act. Only in exceptional cases can you submit a request to the school board for leave outside the school holidays. This can only be done once per school year and for a period of maximum 10 school days. Conditions for leave for holiday outside the school holidays. Do you want to submit a request for leave outside the school holidays? This is officially called 'appeal for exemption'. Your application for exemption must meet at least the following conditions: The holiday cannot take place during the set school holidays due to your or your partner's profession (seasonal work or work with a peak during the school holidays). The leave does not fall within the first 2 weeks after the summer holidays. It concerns a family holiday of a maximum of 10 school days. Applying for leave for a holiday outside the school holidays. Are you unable to go on holiday with your family during the regular school holidays due to your profession? Then you can take your child on holiday outside the school holidays a maximum of 1 time per year. This leave may never last longer than 10 school days. You must submit the leave application to the school principal at least 8 weeks in advance. Each application for a holiday outside the school holidays is assessed individually. The principal may ask you for an employer's statement or a self-employed person's own statement. Sometimes the principal asks the compulsory education officer for advice. Objecting to a decision on a pupil's holiday. Do you disagree with a decision on the exemption? Then you can submit a written objection to the person who made the decision.' If the objection period to the decision of the truancy officer has not yet expired (a period of 6 weeks applies), an objection can be lodged. You will have to motivate this objection very well if your objection, given the above, can be successful. After a negative objection, you can still appeal. In that case, a judge will look at your case. I absolutely do not recommend that you leave without permission. Up to the age of 12, you as parents are solely obliged to ensure that your children go to school. From the age of 12, your child can also be held responsible for this. If you violate the Compulsory Education Act, this can have considerable consequences for you. Your case can be brought before the Public Prosecutor and even before the court. If it is judged that you have indeed violated the Compulsory Education Act, you can be punished for this. The punishment can consist of a fine or, in serious cases, even a suspended prison sentence with a probationary period.

Lawyer

Most likely your application will be rejected by the judge. There is another way to travel the world, but you must be prepared to accept the consequences that come with it. You propose to leave the Netherlands for more than 8 months and you emigrate. You must settle with the tax authorities, even if you re-enter the country. You are not entitled to child benefit or child-related budget and you will have to insure yourself outside the Netherlands through an expat insurance against health costs.