Contact between parent and child

The child's best interests and the right to family life

Parent-child contact is not only about the rights of the detained parent. The child also has interests and rights of their own:

• Article 8 of the European Convention on Human Rights (EVRM) protects private and family life. The government must make family life possible.
• Article 3 of the Convention on the Rights of the Child (IVRK) states that the child's best interests must be a primary consideration in decisions and measures.
• Article 9 of the Convention on the Rights of the Child (IVRK) protects children against separation from their parents, unless separation is in their best interests and takes place through a judicial procedure.

Articles 37 and 92 of the United Nations Minimum Rules for the Treatment of Prisoners also stress the importance of family contact and visits. These international rules are not binding, but they are authoritative. Under these rules, supervision should take place only when necessary.

Prisons: visits and other contact

Regular visits and accompanying children

Under Article 38, paragraph 1, of the Prisons Act (Penitentiaire beginselenwet, Pbw), a detained person is entitled to at least one hour of visits per week. The Prisons Act (Penitentiaire beginselenwet, Pbw) sets out rights and duties during detention.

Rules apply to children being accompanied:

• A child under twelve must come with an adult.
• In the Extra Security Institution (Extra Beveiligde Inrichting, EBI), this requirement applies to children under sixteen.

The director may allow an unsupervised visit once a month. This does not automatically mean that there is a separate right to unsupervised visits with children.

Parent-child visits, letters and video calls

During the child check (kind-check), the case manager asks whether you care for any children under eighteen. The institution can then take your family situation into account.

Parent-child visits take place in a child-friendly room where parents and children can do activities together. There is also a digital mail service: children can send an email to the institution every day, which is then delivered to their parent.

Weekend visits are also an option for detained mothers. Secure video communication is provided for all women's prisons to allow additional or regular mother-child contact. Ask which options are available in your institution.

Parent-child days and transport

Exodus runs the Parents, Children and Detention Programme (Ouders, Kinderen en Detentieprogramma, OKD) in several institutions. Volunteers can take children to a child-friendly parent-child day, with time for games and being together.

The agreements between Exodus and the Custodial Institutions Agency (DJI) state that every institution organises at least four parent-child days a year outside normal visiting hours: on Wednesday afternoons or at weekends. Exodus recommends a monthly parent-child day. Agreements have also been made about child-friendly security measures, suitable visiting rooms and a staff member acting as a point of contact.

Some institutions hold Autumn Camps (Herfstkampen) for children aged eight to fifteen. They spend time with their detained parent over several days. They stay overnight outside the institution, together with other children and supervised by volunteers.

Prisons: allowing a child to stay with their parent

Babies up to nine months old

As a rule, children do not live with their detained parent. In practice, babies up to nine months old can stay with their mother in a special mother-and-child cell. Whether the mother feeds the child herself is not a deciding factor.

This option also applies to fathers, for example if the father was already caring for the child before detention. This does not appear to have happened in practice yet.

The Prisons Act (Penitentiaire beginselenwet, Pbw) does not set a statutory maximum age. From the age of nine months, a closed institution is generally considered unsuitable because of possible harm to the child's physical and intellectual development. Only if no other care is available may the minister designate institutions or units where children can stay, under Article 12 of the Prisons Act (Penitentiaire beginselenwet, Pbw).

Under Article 12, paragraph 8, of the Prisons Act (Penitentiaire beginselenwet, Pbw), the State pays the costs of care to the extent that the parent cannot afford them.

Permission and withdrawal

The director decides whether the child may stay. This power is set out in Article 5, paragraph 4, and Article 12, paragraphs 2 and 3, of the Prisons Act (Penitentiaire beginselenwet, Pbw). Under Article 12, paragraph 4, the director may first ask the Child Care and Protection Board (Raad voor de Kinderbescherming) for advice.

Once permission has been granted, it may be withdrawn:

• if this is necessary because of an interest listed in Article 12, paragraph 2;
• if the parent fails to meet a condition that has been imposed.

This follows from Article 12, paragraph 5, of the Prisons Act (Penitentiaire beginselenwet, Pbw). The director may involve the Child Care and Protection Board (Raad voor de Kinderbescherming) to carry out further investigations. Permission must be withdrawn if the child's stay conflicts with a decision on parental responsibility for the child: Article 12, paragraph 6, of the Prisons Act (Penitentiaire beginselenwet, Pbw).

Before the director refuses or withdraws permission, you must have the opportunity to explain your position. This right to be heard is set out in Article 57, paragraph 1(a), of the Prisons Act (Penitentiaire beginselenwet, Pbw).

Mother and Child House at Ter Peel

The Mother and Child House (Moeder Met Kindhuis) at Ter Peel Prison (PI Ter Peel) provides accommodation for mothers with children up to four years old. The mother must qualify for a more open section of the prison, with periodic leave.

The house is on the institution's grounds and has home-like facilities and a play area. During the day, the children attend a nearby childcare centre.

Parenting support

Family Approach and fathers' wings

The Family Approach (Gezinsbenadering) began in 2018 at Leeuwarden Prison (PI Leeuwarden) and later at Veenhuizen Prison (PI Veenhuizen). It is now part of the standard provision of the Custodial Institutions Agency (DJI). Its aim is to limit harm to children, support fathers and prevent reoffending. It also aims to prevent children from following the same path into crime later in life.

Both institutions have a fathers' wing. There, twelve cells are reserved for motivated fathers, with an adapted daily programme focused on fatherhood. In family rooms, they can play with their children, do homework and have physical contact. The child's best interests remain the guiding principle.

Institutions can choose activities and working methods through an online knowledge base. This means that what is available differs between institutions.

Training and guidance

Several forms of help are available:

• Better Start (Betere Start): an accredited parenting course for detained mothers with children aged two to ten inclusive. The course starts during detention and is followed by home visits. Research shows improved parenting skills and around 25 per cent fewer behavioural problems in children.
• My Child and Me (Mijn kind en ik): a course to strengthen the bond with the child and help parents fulfil their parenting role during detention and after release.
• Humanitas Family in Balance (Humanitas Gezin in Balans): support from a volunteer, such as a father or mother buddy. Support can begin during detention and continue after the parent returns home, lasting around one to one and a half years. Humanitas also offers ‘I, you, we’ (ik jij wij) courses for mothers and support during parent-child days.
• K I N D Expertise Centre (Expertisecentrum K I N D): an initiative by Exodus and Avans University of Applied Sciences that provides information, advice and training for children, families, volunteers and professionals. Together with Augeo, the centre developed information about support and protective factors for children.

Children of Prisoners Europe, or COPE, works across Europe to support children of detained parents. Among other activities, the network provides information and training to schools, judges, prison staff and child protection agencies.

How does detention affect a child?

A child may miss their parent, feel ashamed or think that the detention is their fault. Negative reactions from people around them can lead to exclusion. Sometimes there were already problems before detention, such as poverty, neglect or abuse. Where such problems exist, a parent's absence may also bring calm or protection.

The effects depend on factors such as the child's age, the bond with the parent and the opportunities for contact. Younger children are often more dependent on their parent. Older children may view the situation differently and sometimes experience a sense of calm.

Good contact can help children process the situation and help parents maintain their parenting role. However, transport, visiting hours, limits on visitor numbers and security measures can make contact difficult. Some parents prefer telephone calls and letters because of shame or concerns about security checks. What is suitable always depends on the child and the family situation.

Complaints about a decision: lessons from case law

Refusing a child's stay must be explained

In KC 2020/009 of 25 February 2020, a mother wanted to keep her baby with her. The director pointed to care provided by the grandmother and stated that mother and child could stay together only in exceptional cases.

The complaints committee (beklagcommissie) found this explanation insufficient: it did not include relevant rules or policy. It was also unclear why the ongoing criminal case prevented the child from staying. The complaint (beklag) was upheld. The director had to decide on compensation within two weeks. This ruling did not automatically mean that the baby had to be admitted.

House rules and exceptional circumstances

In KC 2013/017 of 23 April 2013, a rule limiting a child's stay to six months was accepted. An extension to nine months was possible if the mother was due to be released within that period. As this was not the case and no exception applied, the request was refused.

In KC 2018/010 of 17 August 2018, the balancing of interests had a different outcome. Wrongly refused leave requests had prevented placement with limited-security status (BBI-status) in a limited-security institution (beperkt beveiligde inrichting). Partly because of positive advice on an assumed third application, the interests of the child's safety and development were decisive. The director had to make a new decision within fourteen days, with a view to extending the stay to nine months.

General visiting rules and an individual decision

In KC 2013/118 of 1 February 2013 and KC 2012/118 of 13 March 2012, fathers complained because their one-and-a-half-year-old children were not allowed to take part in parent-child days for children aged three to sixteen. They could, however, attend the Father and Child Day (Vader Kinddag), which was held twice a year.

The complaints (beklag) were declared inadmissible: the complaints committee (beklagcommissie) did not consider their substance because they challenged a general rule rather than an individual decision by the director. In the 2012 ruling, the committee recommended broader participation conditions or at least four Father and Child Days for parents who were excluded.

Leave to visit a newborn baby

In KC 2012/138 of 14 September 2012, a refusal of occasional leave (incidenteel verlof) to visit a newborn baby was upheld. The detained person had not shown that the baby was his child or that he had a lasting relationship with the mother.

Problems and recommendations identified by the RSJ

The Council for the Administration of Criminal Justice and Protection of Juveniles (Raad voor Strafrechtstoepassing en Jeugdbescherming, RSJ) stresses that special parent-child contact offers more opportunities for parenting than ordinary visits. At the same time, the Council (RSJ) identifies major differences between institutions and dependence on volunteers and committed staff.

Children may remain out of sight if a parent does not provide accurate information or give consent. Digital contact options are also limited. For short-term leave to maintain social contacts, the Council (RSJ) identified waiting lists and the absence of a clear assessment framework. These are problems and recommendations, not separate visiting rights.

Youth custodial institutions and forensic psychiatric clinics

In its advisory report Detained Women in Focus (Ingesloten vrouwen in beeld), the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) calls for mandatory national policy on mother-child relationships in prisons, youth custodial institutions (justitiële jeugdinrichtingen) and forensic psychiatric clinics for people subject to a hospital order (tbs-klinieken). The proposals include mothers' wings, Autumn Camps or similar activities, and sufficient support. These are recommendations, not a guarantee that such facilities exist everywhere.

What does this mean for you?

• Discuss your children with your case manager. Explain who cares for them and what contact problems there are.
• Ask what is available locally. Consider parent-child days, mail services, family rooms, courses and help with transport.
• Check visiting conditions in advance. Pay attention to age limits, accompanying adults, visiting times and visitor numbers.
• Explain your child's interests in specific terms. When requesting permission for a child to stay, their care, alternative care options and development are relevant.
• If you disagree, distinguish between a general rule and an individual decision affecting you. This distinction may determine whether a complaint (beklag) can be considered.
• Use your right to be heard before permission for your child to stay is refused or withdrawn.

This page draws on the expertise of Mr. S.P.C. (Stan) Broekmans, a specialist in detention law at Hameleers Antonides Advocaten. Do you have a question about your own situation? Please get in touch; an initial assessment is free.

Other topics

• Arrestant detainees
• Belongings
• Camera surveillance
• Compensation
• Complaints procedure (beklagprocedure)
• Compulsory treatment