Alinea 86 Parket bij de Hoge Raad 29 juni 2001

66. The obligations of the national authorities to take measures to facilitate contact by a non-custodial parent with children after divorce is not, however, absolute (mutatis mutandis, Hokkanen judgement cited above, p. 22, § 58). The establishment of contact may not be able to take place immediately and may require preparatory or phased measures. The co-operation and understanding of all concerned will always be an important ingredient. While national authorities must do their utmost to facilitate such co-operation, any obligation to apply coercion in this area must be limited since the interests as well as the rights and freedoms of all concerned must be taken into account, and more particularly the best interest of the child and his or her rights under Article 8 of the Convention. Where contacts with the parent might appear to threaten those interests or interfere with those rights, it is for the national authorities to strike a fair balance between them (....). The key consideration is whether those authorities have taken all necessary steps to facilitate contact as can reasonably be demanded in the special circumstances of each case."

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