Amber Bijkerk
20129696
Family Law Assignment
15-10-2021
To: The Supreme Court
From: Amber Bijkerk
Subject: Family Law Assignment
Date: 15-10-2021
Procedural steps and orders
On 8 October 2019 the Court issued an interim order, the father would be able to see his
children every second Monday from 3 pm until 6 pm and every second Saturday from 10 am
until 6 pm.
On 10 March 2020 the Juvenile Court Assistance Office submitted its statement and
recommended maintaining sole parental responsibility for the mother and visiting rights for
the father.
On 6 April 2020 the District Court decided to grant the applicant contact rights.
On 14 April 2020 the Court granted supervision order.
On 24 April 2020 contact rights were confirmed with a new interim order in the amount
determined by the District Court.
On 28 July 2020 the Appeals Court dismissed the applicant’s appeal as unfounded. It
confirmed the reasoning of the District Court and held that there was no indication of a risk to
the children’s best interest if the mother maintained sole parental responsibility.
On 10 November 2020 an extraordinary appeal with the Supreme Court. However, according
to the legislation, only appeals, which show an important issue of law, can be declared
admissible by the Supreme Court and therefore examined at this instance.1
As you see on 8 October 2019 and on 24 April 2020 there was issued an interim order. An
interim order are decisions, in this case, contact rights, which were established in court but
are not absolute or final.2 However, on 14 April 2020 there was granted supervision order.
This supervision order do is a final decision that the father can see his children while under
supervision. There also must be reports of these visitations towards the local authority.3
So, the difference between interim and supervision measures are that interim measures are
intermediate decisions and supervision order are final decisions. Moreover, the responsible
person needs to require consent for a supervision order. Consent is required for supervision
order, meanwhile for interim order only the Court could decide.
The best interest of the child
1
Wex Definitions Team, ‘interim order’ (Cornell Law School, June 2020)
<https://www.law.cornell.edu/wex/interim_order> accessed 15-10-2021
2
Coram Children’s Legal Centre, ‘Supervision orders’ (Child Law Advice, 09-03-2018)
<https://childlawadvice.org.uk/information-pages/supervision-orders/> accessed 15-10-2021
3
UN Committee on the Rights of the Child (CRC), General comment No. 14 (2013) on the right of the child to
have his or her best interests taken as a primary consideration (art. 3, para. 1), 29 May 2013, CRC /C/GC/14,
available at: https://www.refworld.org/docid/51a84b5e4.html [accessed 15-10-2021]
20129696
Family Law Assignment
15-10-2021
To: The Supreme Court
From: Amber Bijkerk
Subject: Family Law Assignment
Date: 15-10-2021
Procedural steps and orders
On 8 October 2019 the Court issued an interim order, the father would be able to see his
children every second Monday from 3 pm until 6 pm and every second Saturday from 10 am
until 6 pm.
On 10 March 2020 the Juvenile Court Assistance Office submitted its statement and
recommended maintaining sole parental responsibility for the mother and visiting rights for
the father.
On 6 April 2020 the District Court decided to grant the applicant contact rights.
On 14 April 2020 the Court granted supervision order.
On 24 April 2020 contact rights were confirmed with a new interim order in the amount
determined by the District Court.
On 28 July 2020 the Appeals Court dismissed the applicant’s appeal as unfounded. It
confirmed the reasoning of the District Court and held that there was no indication of a risk to
the children’s best interest if the mother maintained sole parental responsibility.
On 10 November 2020 an extraordinary appeal with the Supreme Court. However, according
to the legislation, only appeals, which show an important issue of law, can be declared
admissible by the Supreme Court and therefore examined at this instance.1
As you see on 8 October 2019 and on 24 April 2020 there was issued an interim order. An
interim order are decisions, in this case, contact rights, which were established in court but
are not absolute or final.2 However, on 14 April 2020 there was granted supervision order.
This supervision order do is a final decision that the father can see his children while under
supervision. There also must be reports of these visitations towards the local authority.3
So, the difference between interim and supervision measures are that interim measures are
intermediate decisions and supervision order are final decisions. Moreover, the responsible
person needs to require consent for a supervision order. Consent is required for supervision
order, meanwhile for interim order only the Court could decide.
The best interest of the child
1
Wex Definitions Team, ‘interim order’ (Cornell Law School, June 2020)
<https://www.law.cornell.edu/wex/interim_order> accessed 15-10-2021
2
Coram Children’s Legal Centre, ‘Supervision orders’ (Child Law Advice, 09-03-2018)
<https://childlawadvice.org.uk/information-pages/supervision-orders/> accessed 15-10-2021
3
UN Committee on the Rights of the Child (CRC), General comment No. 14 (2013) on the right of the child to
have his or her best interests taken as a primary consideration (art. 3, para. 1), 29 May 2013, CRC /C/GC/14,
available at: https://www.refworld.org/docid/51a84b5e4.html [accessed 15-10-2021]
