Verzoeker heeft blijkens het schriftelijke verzoek het volgende aan zijn verzoek ten grondslag gelegd:
“With all due respect, I herewith disqualify you as a judge for this case and submit a request for “Wraking” based on the fact that you have shown to be biased and partisan.
My previous attorney has resigned and is not willing to represent me in this case.
As far as the alleged urgency mentioned by your court, I disagree. It seems that due to a claimed urgency, your court has put Article 6 ECHR aside which is obviously not permitted.
At the same time, by mentioning/alleging that this case is urgent and knowing that I will not be able to defend myself, your court has shown that it is biased and that the court has already decided and is not even curious in hearing my side. Therefore, my right to defend myself and to be represented by an Advocate is being violated.
Due to this reason, with all due respect, I hereby disqualify you (in Dutch: verzoek tot wraking) as a judge on this case. After all, by giving me such a short period to find an attorney and assuming (because I was represented in previous cases by an attorney) that I have lied to you about not having an attorney at this moment, you are not only violating Article 6 of ECHR, but also article 13 of ECHR (Right to an effective remedy) by factually creating a situation where I cannot access the court and yet only due to the alleged ‘urgent interests” of the other party.
Please note, there is no urgency in this case. My daughter is safe and well and happy and the reason that I had to decide to stay in India a bit longer is the fact that I have found out that my daughter has been abused by her mother, her grandmother and other members of the family. I have requested a therapist to help my daughter and to find out what exactly happened to her. But your court is not even curious about these facts and just wants to proceed with the hearing and hurriedly put the decision which you have already made, on paper.
Please also note that my daughter is not only Dutch, but (legally) she is also an Indian, which means that she can stay in India with me. She is in good health and I have explained to her mother that she is welcome to visit our daughter at any time she wants. But [derde belanghebbende] doesn’t even want to speak with her mother. We (I and the mother of [derde belanghebbende] ) have tried a couple of times to arrange a video call between [derde belanghebbende] and her mother. However, [derde belanghebbende] refuses to talk with her, [derde belanghebbende] does not even look at the screen (at her mother) and just shows her back to her mother. So witnessing these facts, I see no urgency at all which brings me to the conclusion that your court is biased and partisan in this case.
Due to these reasons, my request for disqualification of the judge should be granted. I request you to forward this matter to the “Wrakingskamer” for further handling of the matter.
In view of the above, if the court still hears and decides the case, it will be in violation of the basic tenets of law and in violation of my rights thereof.”