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Publication Court of Appeal the Hague ruling of 23-07-2014 Client N. Kreté: The man Essence: care- and contact arrangement with a penalty clause of € 500,– per day if the mother does not comply with the decision of the Court. ECLI:NL:GHDHA:2014:2539
The Court of Appeal indicates that the recent decisions of the Supreme Court state that only under exceptional circumstances, the care- and contact arrangement between the parent who does not have the daily care and the child may be limited (Supreme Court January 17, 2014 ECLI: NLHR: 2014: 91). Nor from the aforementioned psychiatric report, nor of any other pleadings is has been proven to the Court that there are such exceptional circumstances.
That the parties have a different vision on the raising of the children cannot be a reason to limit the interaction between the man and the children. This also applies to the disturbed relationship between the man and the woman. Both parents should be required not to project their mutual conflict on the ups and downs on the children. They must further realize that the reciprocal demonization of each other has no positive effect on the care of the children, as has been discussed at the hearing with the parties. Subject to the foregoing, the Court deems it in the interest of minors to establish a (building) care- and contact scheme.
The attitude of the woman to the continued hearing gives the Court pursuant to fear that she will not necessarily cooperate with the implementation of the care- and contact arrangement. The Court imposes a penalty payment of € 500, – for every time she refuses to cooperate with the care- and contact arrangement between the man and the minor children with a maximum of € 25,000, -.