Moroccan Parental Responsibility and the Recognition of the Wilaya and Hadana Under Dutch Law
by Ibtissam Rebbik
Question(s) at stake
Whether (1) Islamic wilaya and hadana established abroad can be recognized by a Dutch court and (2) whether a father who is attributed wilaya can be excluded from his parental responsibility.
Outcome of the ruling
The Moroccan legal categories of wilaya and hadana are recognized under Dutch law. However, the Court ruled that as a result of residing in the Netherlands, the question of parental responsibility is governed by Dutch law. Under these circumstances, the mother was awarded sole parental responsibility, which resulted in the removal of the father’s parental rights
Country:
Official citation
District Court of Zeeland-West Brabant, Judgement of 25 October 2019, C/02/337222 FARK 17-5918 (Rechtbank Zeeland-West Brabant, 25 oktober 2019)
Topic(s)
Keywords:
Applicable law Custody Measures and actions involving children Parental responsibility Parental rights Recognition Right to respect for family life Rights and freedoms