Alinea 39 Parket bij de Hoge Raad 7 september 2007

"(...) The Court emphasises that in cases of this type the child's interest must come before all other considerations. However, when properly analysed, that interest is seen to comprise two limbs. On the one hand, the interest clearly entails ensuring that the child develops in a sound environment and that under no circumstances can a parent be entitled under Article 8 to have measures taken that would harm the child's health and development (...). On the other hand, it is clear that it is equally in the child's interest for its ties with its family to be maintained, except in cases where the family has proved particularly unfit, since severing those ties means cutting a child off from its roots. It follows that the interest of the child dictates that family ties may only be severed in very exceptional circumstances and that everything must be done to preserve personal relations and, if and when appropriate, to ''rebuild'' the family. In the interest not only of the parent concerned, but also of the child, the ultimate aim of any ''care order'' must be to ''reunit[e] the ... parent with his or her child'' (...)."(13)

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