Visitation rights concern the fundamental right of a child to maintain contact with both parents, even after a divorce. This right is statutorily enshrined and applies regardless of parental authority.
Statutory Basis
Visitation rights are based on two important foundations:
- Right of the child: Article 8 of the ECHR and Article 9 of the CRC guarantee children's right to contact with both parents.
- Responsibility of the parent: Parents have both the right and the obligation to maintain contact with their child.
Who Can Claim Visitation Rights?
| Party Involved | Right to Visitation |
|---|---|
| Parent with authority | Yes, standard right |
| Parent without authority | Yes, statutorily established |
| Grandparents | Only after application to the court |
| Stepparent or former partner | Possible if strong bond with the child |
| Other persons | Possible if close relationship with the child |
Visitation After Divorce
In a divorce, visitation is recorded in a parenting plan, which includes agreements on:
- The division of time between parents
- Arrangements for holidays and special days
- Contact moments when the child is staying with the other parent
Court Decision on Visitation
If parents cannot reach agreement, the court may impose a visitation arrangement. Factors considered include:
- The child's welfare
- Age and specific needs of the child
- The bond between child and parent
- Practical circumstances, such as distance of residence and working hours
Supervised Visitation
In situations where safety is a concern, the court may decide on supervised visitation. Contact then takes place under the supervision of a neutral party, for example in a visitation center.
Can visitation be refused?
Visitation can only be limited or denied if it serves the child's best interests. Possible reasons include abuse, serious neglect, or strong objections from the child itself. The court makes the final decision.What if my child does not want contact with the other parent?
The child's opinion is taken into consideration, especially for older children. However, the child does not decide independently. The court investigates the reasons behind the resistance and determines whether limiting visitation is in the child's best interests.Do grandparents automatically get visitation rights?
No, grandparents must file a request with the court and prove they have a close bond with the grandchild. The court assesses whether visitation is in the child's best interests.Frequently Asked Questions about Visitation Rights in Westland
How can I arrange visitation if my ex-partner is not cooperating?
If cooperation fails, you can apply for a visitation arrangement via the District Court of The Hague. Submit a petition with your proposed arrangement. The court decides based on the child's best interests. Consider mediation first or consult a family law attorney via the Juridisch Loket Westland.
What to do if my child is anxious during visitation?
First discuss with your child what is happening and try to reach a solution with the other parent. If that does not work, seek help from a child psychologist or mediator. In case of serious concerns, you can ask the court to adjust the arrangement or impose supervised visitation.
Can a visitation arrangement be modified due to changed circumstances?
Yes, in case of changes such as a move or new working hours, you can agree on an adjustment with the other parent. If that fails, you can request the District Court of The Hague to modify the arrangement.
What happens if I do not comply with the visitation arrangement?
If you ignore the arrangement, the other parent can enforce compliance through the court. Possible sanctions include a penalty payment or, in extreme cases, restriction of authority. Communicate timely about problems to prevent escalation.
How do I as a grandparent apply for visitation?
Grandparents can apply for visitation via the District Court of The Hague by submitting a petition. You must demonstrate a strong bond with the grandchild and that visitation is in their best interests. Legal support via the Juridisch Loket Westland can help.
When is supervised visitation used?
Supervised visitation is applied when there are concerns about safety or tensions between parent and child. Contact then takes place under the supervision of a third party to ensure a safe environment.