WILLEMSTAD – Parents in Curaçao involved in child support disputes in the Netherlands face major legal challenges due to the lack of access to legal aid or representation. The government of Curaçao has now acknowledged the problem and will form a commission to seek practical solutions.
Justice Minister Shalten Hato detailed the issue in a letter to Parliament, responding to questions posed by MP Sheldry Osepa (PNP). Hato explained that many Curaçao-based parents cannot defend themselves in Dutch child support proceedings due to limited financial resources and the absence of legal support.
No Legal Aid for Foreign Proceedings
The current National Ordinance on Free Legal Aid only covers legal proceedings within Curaçao. There is no existing framework or policy that allows for legal aid in foreign jurisdictions like the Netherlands.
In rare cases, the Minister of Justice may grant exceptions to individuals earning just above minimum wage, but this remains an exception rather than the norm.
Guardianship Council Also Faces Obstacles
The Guardianship Council is also encountering structural challenges. When the child resides in the Netherlands and the parent responsible for child support lives in Curaçao, the Dutch National Child Support Collection Bureau (LBIO) can intervene.
However, if the parent in Curaçao is unable to meet the financial obligations, they must independently file a request for modification with a Dutch court — something many cannot afford and for which no legal aid is available. The Guardianship Council does not provide legal or financial assistance in these matters.
Reverse Cases Even More Problematic
The Justice Minister noted that the reverse scenario — where the child lives in Curaçao and the parent responsible for support is in the Netherlands — is even more difficult. Without cooperation or accurate information from Dutch authorities, the Guardianship Council in Curaçao cannot file a claim with the local court, leaving many children on the island at a disadvantage.
Commission to Explore Solutions
Minister Hato announced the formation of a commission to explore what options exist under current legislation to resolve these legal aid gaps. The goal is to determine whether interim solutions can be developed within the existing legal framework.
At this time, the government is not considering amendments to the law or the creation of a support fund, citing limited budgetary space. Instead, it aims to focus on practical, cost-effective solutions that can provide relief to affected families.
The issue has highlighted a growing concern over the legal vulnerability of Curaçaoan parents involved in cross-border family law disputes — especially those lacking the means to access justice in a foreign system.
