Legal Assistance with Guardianship and Alimony
Questioner
My family (wife and child) and I moved from the Netherlands to Spain a year ago because the relational atmosphere was not optimal, she suffered from a relapse of depression and suicidal tendencies. We have done our best to move to Spain. However, now the lady has settled down and wants to run away with my son. My son was born in the Netherlands and has Dutch nationality. I don't know what will happen to my son because the lady also has another son who is cared for by his ex-grandparents. What are my rights here regarding custody and/or alimony?Lawyer
If you do not yet have joint custody, you can apply for this via the court. Dutch law states that parents have joint custody of their child. If you have not yet acknowledged your son, you can first request substitute permission from the court. You will then become the legal parent and can apply for joint custody. Your former partner can request child support, you can defend yourself against this if, for example, you cannot pay it. The question is, however, which court should hear the case. Since your son has his habitual residence in Spain, the Spanish court would have jurisdiction and not the Dutch court. You could nevertheless try to start proceedings in the Netherlands, if you are currently residing in the Netherlands. You must then demonstrate that the case is so connected with the Dutch legal sphere that the Dutch court has jurisdiction to decide.Neem de volgende stap
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