In a landmark preliminary decision, the Dutch Supreme Court (Hoge Raad) has ruled that the interests of minor children must carry significant weight when a landlord seeks eviction from a property where children reside.

Johan Valk, Bart Helmond and Claudia Ghannam filed an amicus curiae brief before the Hoge Raad on behalf of Defence for Children.

Responding to preliminary questions from the Haarlem District Court, the Hoge Raad examined the role of the UN Convention on the Rights of the Child in such proceedings. The Court held that judges are obliged to give high priority to the welfare of affected children. While these interests are not absolute, they must be carefully balanced against other considerations, including those of the landlord, in light of all circumstances.

Crucially, judges must actively determine whether an eviction will impact children and assess what serves their best interests. Where children are involved, courts should invite parties to explore alternative housing solutions. However, the Court emphasised that it is not the judge’s role to liaise directly with municipalities or support agencies outside the hearing.

Judges may attach conditions to eviction orders to safeguard children - such as extended deadlines or suspending decisions to allow time for rehousing. They may also require proof of adequate accommodation before enforcement.

The decision of the Hoge Raad represents a milestone in the recognition of children's rights in civil litigation and will be instrumental in preventing child homelessness in eviction cases.