Parental Alienation in Tilburg
Parental alienation is a serious problem in family law where one parent deliberately turns the child against the other parent. This causes estrangement between child and parent, with severe emotional impact on everyone. In this article, we dive into parental alienation, the legal approach in the Netherlands and specific tips for Tilburg.
What does parental alienation entail?
Parental alienation, or parental alienation syndrome, often occurs after a divorce. The alienating parent – usually the primary caregiver – undermines the bond through gossip, false stories, contact blockades or manipulation, so that the child avoids the other parent.
It is not a formal diagnosis in the Netherlands, but courts view it as obstruction of contact. The child becomes unjustly averse, without real basis. Think of: no phone conversations, addressing parent by first name or fabricated complaints.
Legal frameworks for parental alienation
Parental alienation is not literally in the law, but falls under Civil Code Book 1:
- Art. 1:247 CC: Joint parental authority, unless court amends. Alienation harms this.
- Art. 1:257 CC: Right to contact with both parents; obstruction is unlawful with possible penalties.
- Art. 1:261 CC: Court may intervene with contact arrangements or out-of-home placement.
Supreme Court and district courts intervene, as in ECLI:NL:RBROT:2018:1234 where warnings and enforced contact followed. Read more about refusing contact. In Tilburg, the Zeeland-West-Brabant District Court, Wilhelminapark 100 handles these cases efficiently.
How do you recognize parental alienation?
Recognition requires expert input from psychologists or youth care. Checklist:
- Child denigrates alienated parent without own evidence.
- Sudden stop of contact, while bond was good.
- Complete bias towards alienator.
- No real fear, but learned hatred.
| Characteristic | Normal | Parental Alienation |
|---|---|---|
| Bond with parent | Relationship with both | Unbalanced hatred |
| Reason for rejection | Real causes (abuse) | Influence |
| Child behavior | Balanced | Exaggerated hostility, repeats scripts |
Impact of parental alienation
Children suffer from identity crises, depression and relationship problems. NJi data: 15-20% of divorced children experience this. Alienated parent deals with grief and court cases; alienator risks loss of authority.
Rights and obligations
Rights:
- Information and say (art. 1:251 CC).
- Contact right via court.
- Request for Child Care and Protection Board investigation.
- Child first (art. 1:247(2) CC).
- No slander; punishable (art. 282 Criminal Code).
Practice cases
Case 1: Mother blocks father contact. Child claims 'dad addicted', untrue. Court orders expertise, establishes alienation and enforces contact with penalty payment.
Case 2: Father reports no-shows. Child doesn't get in. Tilburg family judge imposes co-parenting plan with neutral pick-up point.
Action plan for alienated parent in Tilburg
1. Log everything (messages, witnesses). 2. Mediation via local office or Zeeland-West-Brabant District Court, Wilhelminapark 100. 3. Go to court or Child Care and Protection Board. 4. Seek support at Legal Aid Office Tilburg, Spoorlaan 364.