They Divorce in Morocco, but the Netherlands Refuses to Apply the Decision to Their Children

The divorce was granted by mutual consent on May 7, 2024, by the Tangier Court of First Instance. The judgment awarded the mother responsibility for the two boys, arranged their contact with their father, and set monthly child support at 500 dirhams per child.

The former spouses then asked the Dutch courts to recognize this decision, each seeking to rely on it in their dispute over parental authority, the children’s residence, and child support.

In a decision issued on August 4 and published on August 25, the Amsterdam Court of Appeal first agrees to recognize their Moroccan divorce. Both spouses hold Moroccan nationality, which, in its view, constitutes a sufficient connection to justify the jurisdiction of the Tangier court.

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The Moroccan proceedings also respected the rights of both parties. The father and mother had appointed the same representative from the Netherlands and had been assisted by a lawyer. They were not present at the hearing in Morocco, but had been able to present their position and both accepted the principle of the divorce.

The Dutch court also validates the child support of 500 dirhams per month per child, or approximately 47 euros. It considers that this part of the Moroccan judgment is not contrary to Dutch public policy and may be enforced in the Netherlands after the necessary authorization has been obtained.

The Children Lived in the Netherlands

The answer is completely different regarding parental authority and visitation rights. When the proceedings in Tangier were initiated, the two boys were habitually resident in the Netherlands. Under the 1996 Hague Convention, the authorities of the country where the children reside are normally competent to make decisions concerning them.

An exception would have been possible if at least one of the parents had been residing in Morocco at the beginning of the proceedings. The Tangier judgment mentioned a Moroccan address for the father, but the Amsterdam court considers that there is no proof that he actually lived there.

Documents from the Dutch proceedings, emails, and statements by the former spouses show, on the contrary, that both of them were in the Netherlands in April 2024. They had also completed the formalities at the Moroccan consulate allowing their representative to replace them before the Tangier court.

The court therefore refuses to recognize the parts of the Moroccan judgment concerning the children. The Tangier decision remains valid for the divorce and child support, but it does not determine in the Netherlands who should exercise sole parental authority or under what arrangements the other parent may see the boys.

The case once again shows the difficulties that can arise when a divorce is initiated in Morocco while the entire family lives in the Netherlands. The spouses’ Moroccan nationality is sufficient here for the separation to be recognized, but not to transfer jurisdiction over children living abroad to the Moroccan court.

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Pending a final decision, the father and mother therefore continue to exercise parental authority jointly. The residence schedule already set by the Dutch courts also remains applicable.

Both parents are now seeking sole parental authority. The mother is also requesting support of 362 euros per child, while the father is seeking 200 euros per month per child from his former wife. These issues have not yet been decided: the Amsterdam court will continue examining the case on October 29.