Polish court protects family rights. Dutch boy to remain in Poland

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The Regional Court in Warsaw confirmed that Martin den Hertog, a Dutch boy with autism, will be allowed to remain with his parents in Poland. The child was separated from the married couple in the Netherlands when he started displaying symptoms of a developmental disorder. The family fled to Poland, where it applied for asylum and legal protection. In September 2020, the Regional Court in Warsaw refused to extradite the parents to the Netherlands, whereas now the Court has further held that the Dutch rulings on the placement of Martin in custody and on the termination of Ekaterina and Conrad’s parental rights shall not be applicable in Poland. Legal assistance was provided to the family by the Ordo Iuris Institute.

Ekaterina and Conrad den Hertog are a Russian-Australian married couple who have lived in the Netherlands for years. In February 2018, social services took their son, Martin, from their home. The reason for this was his development disorder which was deemed a sign of alleged negligence and violence on the part of the parents. The true cause of the boy’s problems, however, was the severe form of autism with which he was diagnosed.

Martin was separated from his parents without the consent of the relevant authorities. For over a year, Ekaterina and Conrad have had limited opportunities for contact with their son. As a result of their fight, they were allowed to visit their child once a week for a few hours. Martin was overjoyed during the parental visits. Separation from family nonetheless led to his considerable developmental regression. Finally, the parents decided to move to Poland to ensure due care and rehabilitation for the boy.

The reaction of the Dutch authorities was a European Arrest Warrant for the parents. However, in September 2020 the Regional Court in Warsaw decided not to extradite the family. There were concerns whether the Dutch courts were fully independent from other powers. The Court furthermore emphasised that the parents’ rights and freedoms were significantly violated in this case, and their return to the Netherlands could have exposed them to further and more extensive violations. Under the Dutch legislation, the boy might have also faced euthanasia in the Kingdom of the Netherlands. The Regional Court in Warsaw also found that Martin’s proper development is possible only in his biological family. The newest ruling issued by this court states that the Dutch judicial decisions on the placement of the child in institutional custody and on the revocation of Ekaterina and Conrad’s parental rights shall not be applicable in Poland.