Legal Question in Family Law in Netherlands Antilles

Dear Sirs,

We need to know the following:

If a child is currently with its mother, however the father is of opinion that the mother is neglecting the child in several ways.

What are the chances for the father to win child custody?

If for example the 7 years old child is being told my the mother to start the car engine, if the child is sleeping at his aunt several times during week times. The child has TV in its room since he was 6 years old. If the child can not concentrate at school and do not behave in classroom. The child is telling people around him that he wants his parents back together, the teacher is also indicating that the child do not have a structure in his life. Child is constantly asking the teacher to hug and kiss him. Teacher mentioned that the child needs attention. However mother is saying that she is giving him all her attention. How is that possible if the mother is bringing the child to school and pikcing him up. The child is with is father all weekends. Child is not brought to a doktor when there is a need. Mother is working many overtime.

On the other hand, father do not have the challenge of overtime and does stop at 5 pm. Father is giving the child spiritual guidance, is playing with the child in the garden, going to the movies with the child. Taking action with the child is ill.

Father remarried 5 years after divorce and is living a stable life with his wife.

Father is of opinion that a child should receive stability and much love to be able to concentrate at school.

If the father has proof, what are his chances?

Looking forward to you prompt advise, I remain.

Best regards,

Marina


Asked on 8/31/09, 2:46 pm

1 Answer from Attorneys

Carl Taylor Advocatenkantoor Taylor

The father stands a good chance of winning his case.

Provided he has proof of negligence by the mother.

The welfare of the child will be the focus of the case and that will be the only thing the judge will be concerned about.

The judge will most probably ask the Court of Guardianship to investigate the matter and advise the Court what is in the best interest of the child.

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Answered on 8/31/09, 6:03 pm


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