Habitual Residence Jurisdiction in Amsterdam | Family Law

Habitual Residence Jurisdiction in Family Law for Amsterdam Residents

For residents of Amsterdam, habitual residence jurisdiction determines which court, such as the District Court of Amsterdam, is competent in family law matters like divorces and child arrangements, especially in international cases. This is the location of your center of life in the vibrant city. Based on the Brussels IIb Regulation, it prevents 'forum shopping' and provides certainty for Amsterdam families.

What does habitual residence mean for you in Amsterdam?

Habitual residence (habitual residence) is more than your address in the Personal Records Database (BRP) with the Municipality of Amsterdam; it is where you live on a stable basis with strong ties. The Court of Justice of the EU examines the facts: social connections in neighborhoods like De Pijp, work at local companies, family in the city. Duration of stay matters, but so does your intention to remain.

For children, the child's own habitual residence takes center stage, independent of the parents – essential for cases at the District Court of Amsterdam.

Legal Basis

This jurisdiction stems from Regulation (EU) 2019/1111 (Brussels IIb), in force since 1 August 2022 in the EU (excluding Denmark). Key articles:

• Article 3: Court at the habitual residence of the spouses for divorces.
• Articles 5-15: Child cases at the child's habitual residence, relevant for Amsterdam parents.
• Articles 22-24: Party choice or inappropriate forum.

In the Netherlands, supplemented by the Code of Civil Procedure (Rv), art. 149 et seq.. In cross-border matters, Brussels IIb takes priority, with the District Court of Amsterdam as the local authority.

How does the court determine your habitual residence in Amsterdam?

Courts assess objectively based on:

1. Stability: Several months in Amsterdam, without a strict limit.
2. Integration: Child at an Amsterdam gymnasium, job in the Zuidas, social network.
3. Intention: Evidence such as a lease in Oud-Zuid, BRP registration with the Municipality of Amsterdam, local bank account.

Table: Key Factors for Habitual Residence in Amsterdam

Jurisdiction of the District Court of Amsterdam

In international divorces (more about divorce in Amsterdam): if both partners live in Amsterdam, the District Court of Amsterdam handles it. One partner elsewhere? Possibly a foreign court.

For children: The court at the child's habitual residence regulates custody and contact. Wrongful relocation? Return under the Hague Convention.

Practical Examples from Amsterdam

Example 1: Expat Couple
Jan and Maria, 5 years in Amsterdam with child at local school. Jan moves to Belgium for work, Maria and child stay in West. District Court of Amsterdam retains jurisdiction (art. 3 Brussels IIb, child in the city).

Example 2: Forum Shopping
Polish couple temporarily in Amsterdam. Bob 'establishes' himself in Germany for divorce. Court: if the center of life is with Anna and child in Amsterdam, the District Court of Amsterdam retains control. Tricks fail.

Example 3: Commuting Child
Post-divorce between Amsterdam and Spain. Habitual residence where the child primarily resides (school weeks in Amsterdam), based on evidence.

Rights and Obligations for Amsterdam Residents

Rights:

• Do not challenge jurisdiction lightly without advice from the Amsterdam Legal Aid Office.
• Prorogation: Parties jointly choose the court (art. 22).
• Provisional measures via art. 35.

Obligations:

• No child abduction (art. 8).
• Start proceedings at the correct court for recognition.
• Document with Amsterdam evidence.

Frequently Asked Questions

Tips for Amsterdam Residents

• Document thoroughly: Amsterdam lease, school enrollment with Municipality of Amsterdam, payslips as proof.
• Seek help: At the Amsterdam Legal Aid Office or family law attorney for analysis.