Family from the Netherlands safe in Poland. Ordo Iuris in defence of the parents of a disabled boy

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The Regional Court in Warsaw did not agree to extradite Ekaterina and Conrad den Hertog - parents of a boy with autism who fled to Poland with their son - to the Dutch authorities. In the Netherlands, the boy was groundlessly taken from his parents when he started showing signs of a developmental disorder. The married couple decided to flee with Martin to Poland and submit an application for asylum and legal protection. The Polish court found that in the Netherlands the rights and freedoms of the parents were severely violated. Furthermore, there are serious doubts about the independence of the Dutch courts and a risk that in the Netherlands the boy could be euthanised. The parents were provided with legal aid by the Ordo Iuris Institute.

Ekaterina and Conrad den Hertog are a Russian-Australian couple who have lived in the Netherlands for years. In February 2018 Martin was forcibly taken from the family home in the middle of the night. His developmental disorders such as a lack of communication with peers or outbursts of anger were given as the reason. The boy was diagnosed with a severe form of autism, which caused this behaviour. However, it was mistakenly considered as a sign of alleged parental neglect and abuse.

Martin was abruptly separated from his parents without the consent of relevant authorities. For over a year, Ekaterina and Conrad had limited opportunities for contact with their son. As a result of the fight for the child, the parents were allowed to see the boy for several hours a month. During the meetings, Martin showed great joy in contact with his mother and father. Due to the separation, the child experienced a significant developmental regression. During the meetings with his parents, the boy expressed his will to run away. Ekaterina and Conrad decided to leave everything they own and go with their son to Poland in order to provide him with proper care and rehabilitation, i.e. with something that the Dutch social services did not care about.

The authorities of the Kingdom of the Netherlands sent a European Arrest Warrant for the parents. The Regional Court in Warsaw did not decide to extradite the family. The decision was caused by doubts as to whether the Dutch courts were completely independent from other authorities. Moreover, the court indicated that the parents' rights and freedoms had been severely violated, and that their return to the Netherlands may result in further violations. Due to Dutch legislation, the boy may even be euthanised. The court also pointed out that all the evidence indicates that Martin's proper development occurs only in his biological family.

This is a yet another case in which parents whose rights have been violated in other countries seek legal protection in Poland. The Ordo Iuris Institute had previously intervened, for example, in the case of the Norwegian Silje Garmo, who came to Poland with her daughter, and the Russian Denis Lisow, who fled Sweden with his three daughters.

'The decision of the Regional Court in Warsaw confirms that the Polish authorities uphold the rights and freedoms guaranteed in a number of acts of international law. The justification of the Polish court is actually an indictment against the Dutch authorities. In the oral justification, the court pointed to a systemic problem present in the Kingdom of the Netherlands where some children are groundlessly taken from their family homes. Comprehensive opinions of great experts in the field of developmental disorders unequivocally confirmed that Martin's well-being can be achieved only thanks to his stay with Ekaterina and Conrad, and that the parents have all the competences necessary to provide their son with appropriate care and education,' emphasises attorney Bartosz Lewandowski, Ph.D., Director of the Ordo Iuris Process Intervention Centre and one of the family representatives.