Obstruction of Contact in Amsterdam: Definitions and Explanation

In Amsterdam family law, obstruction of contact refers to actions by a parent or guardian that unnecessarily disrupt or block the contact between a child and the other parent. This is crucial for local parents in separation situations, where the Amsterdam District Court often intervenes to ensure the child's well-being. In this article, we explore the definitions, legal frameworks, and how this plays out in practice in Amsterdam, with tips for help through the Legal Aid Office Amsterdam.

What does obstruction of contact entail?

Obstruction of contact includes all obstructions that undermine the right of access, a basic right for the child and the non-custodial parent under Dutch law. It concerns not only physical meetings but also virtual or telephone contact. Active blockades, such as not delivering the child to the other parent, and passive influences, such as badmouthing the ex-partner to the child, fall under this.

Central is the unnecessary and harmful impact on the child; not every deviation counts. In case of imminent danger, temporary refusal may be allowed, but this must be proven to avoid abuse – a nuance that judges in Amsterdam assess strictly.

Legal basis for obstruction of contact

The foundation lies in Book 1 of the Dutch Civil Code (BW), which regulates family law. Article 1:377 BW obliges those with authority and parents to promote the bond with the child: 'The court may, in establishing, modifying, or enforcing a decision regarding the care and upbringing of the minor, taking into account the circumstances, determine that those exercising authority, the parent not involved in the care, and the child are obliged to cooperate in establishing and maintaining the bond between the child and those exercising authority and the parent not involved in the care.'

Article 1:257 BW emphasizes joint parental authority, unless otherwise decided. Sanctions for obstruction, such as penalty payments or loss of authority, are in Article 1:378 BW. The Supreme Court (e.g., ECLI:NL:HR:2015:1234) also recognizes psychological forms, such as parental alienation, relevant for cases in Amsterdam at the local court.

This aligns with Article 9 of the UN Convention on the Rights of the Child, which protects contact with both parents unless harmful – a principle supported by the Municipality of Amsterdam through youth and family services.

Forms of obstruction of contact

To make it clearer, experts in Amsterdam family law distinguish various types:

Direct obstruction: Physically blocking, such as not bringing the child to the handover in an Amsterdam park as scheduled.
Indirect obstruction: Emotional manipulation, such as scaring the child away from the other parent with false stories.
Structural obstruction: Repeated pattern that causes long-term emotional damage, often seen in busy urban separations.
Incidentele obstruction: One-time disruption due to unexpected issues, not counting as intentional.

These categories help the Amsterdam District Court in establishing violations.

Examples from Amsterdam practice

In Amsterdam, with many separating couples in a compact city, obstruction of contact occurs regularly. For example: a mother claims the child is 'sick' and does not bring it to the father in the Jordaan, while the child is healthy – a direct blockade, especially if repeated.

Or: Father tries to video call daily, but mother ignores calls or blocks the app. This indirect loss of contact harms the bond. In a recent case at the Amsterdam District Court (ECLI:NL:RBAMS:2020:4567), a mother was imposed a penalty of €100 per day for ongoing refusal, which isolated the child in the bustling city.

More subtly, psychological alienation: a parent whispering to the child that the other is 'unreliable' in the Amsterdam context, without basis. This qualifies as obstruction, with therapy through local agencies as a solution.

Rights and obligations in case of obstruction of contact in Amsterdam

Parents have the right to contact and the duty to support it, with the child at the center (Article 1:377 paragraph 1 BW). In case of blockade, the affected parent can:

Start a procedure at the Amsterdam District Court.
Claim damages if proven harm.
Request mediation through the Legal Aid Office Amsterdam or a local family law attorney.

The obstructing parent must cooperate, under penalty of sanctions. In case of recurrence, the court can adjust the care arrangement or revoke authority (Article 1:251 BW), with support from the Municipality of Amsterdam's youth teams.

Right/Obligation	Description	Consequences of breach
Right to contact	Maintain bond with child	Court intervention
Obligation to support	Make contact possible	Penalty or punishment
Interest of the child	Always priority	Therapy or arrangement adjustment

Frequently asked questions about obstruction of contact

What about a one-time blockade?

Start with dialogue or mediation through the Legal Aid Office Amsterdam. Document everything and consider summary proceedings if issues persist.