It happens regularly that contact between a parent and their child is made difficult by the other parent. This can have major consequences for the residence rights of the non-European parent in the Netherlands. In this blog, I explain how this can affect the residence status of the third-country national parent and what role the Child Care and Protection Board (RvdK) can play.
Obstruction of contact: what does this mean for residence rights?
When the other parent obstructs contact between the third-country national parent and the child, this can lead to a situation in which the third-country national parent is not able to meet the requirements of condition c of B10/2.2 Vc. This condition is important for obtaining derived residence rights, because it concerns whether there is actual contact between parent and child.
However, the fact that contact is obstructed does not automatically mean the third-country national parent no longer has a right to derived residence status. Other factors may be relevant, especially the dependency relationship between the parent and the child (condition d). This concerns whether the child is strongly dependent on the care and upbringing provided by that parent, even if contact is being blocked by the other parent.
For example, if the third-country national parent has always been intensively involved in the child’s care and upbringing, the EU proportionality assessment can be crucial. This assessment looks at the specific circumstances and can prevent the obstructed contact from being held against the parent, so the parent may still qualify for residence rights.
The role of the Child Care and Protection Board (RvdK)
In some cases, it may be necessary to request advice from the Child Care and Protection Board (RvdK). This is usually done when there is uncertainty about the actual care or parenting tasks of the third-country national parent, or about the dependency relationship between parent and child. The RvdK can be involved in different situations, for example when:
- There are concerns about harmful care: If there is a suspicion that the third-country national parent’s care responsibilities are harmful to the child’s development, the RvdK may be asked to investigate. This can be relevant in cases involving domestic violence or addiction. It is important to know that a single acquittal or a dismissal of charges related to domestic violence is not sufficient on its own to initiate such an investigation. There must be new or additional indications pointing to harmful behaviour.
- Parents contradict each other: In high-conflict separations, it is common for parents to give conflicting accounts about the child’s care and upbringing. When the IND cannot establish the facts properly because of these conflicting stories, the RvdK may be asked to investigate. If the third-country national parent was already providing care for the child before the separation, the RvdK can examine whether there is genuine care and whether a substantial dependency relationship exists.
- A court order: In some cases, a judge may decide that an RvdK investigation must be carried out, for example if the judge has doubts about the involvement of the third-country national parent or the child’s upbringing situation.
What does this mean for you?
Obstruction of contact and the complexity of dependency relationships can make it difficult to obtain derived residence rights, but it is important to know that the law provides room to protect both the child and the parent in these situations. If you are in a similar situation, it is wise to understand which factors matter in your case and how you can protect your rights.
If you are dealing with obstructed contact and want to know whether you may qualify for derived residence rights, feel free to contact me. Together, we can analyse the situation and determine the best approach.
Feel free to get in touch for a non-binding consultation so we can discuss your situation and the right next steps.