The principal residence of a child determines the official residential address and registration in the Personal Records Database (BRP). This has both legal and practical implications, even if the child regularly stays with both parents.
Definition of Principal Residence
The principal residence refers to the address where the child is registered in the BRP. A child can only be officially registered at one location.
Implications of the Principal Residence
| Subject | Effect |
|---|---|
| Education | School assignment based on the principal residence |
| Child Benefit | Payment to the parent at whose address the child is registered |
| Financial Allowances | Child-related budget, rent and healthcare allowance |
| Healthcare | Registration with a general practitioner in the region of the principal residence |
| Voting Rights | Voting location at elections (from 18 years old) |
Principal Residence after a Divorce
In case of a divorce, parents must agree on which parent the child will have their principal residence with. This is included in the parenting plan. Relevant factors include, among others:
- The child's living place before the divorce
- The location of the child's school and friendships
- Availability and work situation of the parents
- The living situation and space at both parents
- Practical aspects such as allowances and school distance
Relationship between Principal Residence and Care Allocation
The principal residence is independent of the allocation of care:
- Even in joint parenting, a child has one official principal residence
- The child can spend equal time with both parents
- It concerns only the registered address, not the actual duration of stay
Changing the Principal Residence
A change of the principal residence is possible under the following conditions:
- Both parents agree to the change
- In case of disagreement, the court can make a decision
- Changed circumstances, such as a move, play a role
Can a child have two addresses as principal residence?
No, according to the law, a child can only be registered at one address. In joint parenting, parents can however agree to divide child benefit and allowances.Does the principal residence give more rights to a parent?
No, the principal residence does not affect parental authority. In joint parental authority, both parents make decisions together, regardless of the child's registration.Can I move with my child without permission?
In joint parental authority, permission from the other parent is required for a move. In case of refusal, substitute permission can be requested from the court.Frequently Asked Questions about Principal Residence in Westland
How is the principal residence determined after a divorce?
This is recorded in the parenting plan. Factors such as the previous living situation, school location, and availability of parents play a role. In case of disagreement, the court decides via the District Court of The Hague.
Can I receive child benefit if my child is not registered at my address?
No, child benefit goes to the parent at whose address the child is registered. In joint parenting, parents can make arrangements for division via the SVB or the parenting plan.
What if the other parent refuses a change of principal residence?
In case of disagreement, you can submit the matter to the court. Motivate why the change is in the child's best interest, for example due to a move.
Does the principal residence affect my parental authority rights?
No, parental authority remains the same for both parents in joint parental authority, regardless of the principal residence. The address only determines practical matters such as allowances.
Moving with my child to another place?
In joint parental authority, permission from the other parent is required. Without agreement, substitute permission can be requested from the court, even within the Netherlands.
For legal support in Westland, you can contact the Juridisch Loket Westland.