Visitation Arrangement in Family Law in Westland
A visitation arrangement is an agreement or court decision regarding contact between a child and the non-custodial parent (or other person). After divorce or dissolution of partnership, this is crucial for maintaining bonds with both parents. In the Netherlands, including Westland, visitation rights are a fundamental child right.
What does a visitation arrangement entail?
This arrangement determines the frequency and duration of contact with the non-custodial parent, such as weekly, every other week or holidays. Unlike a care arrangement, which divides upbringing. In co-parenting, they overlap; in sole custody, visitation takes precedence. Always priority: child's best interests, relationships and development.
It forms part of the parenting plan, mandatory in joint custody (art. 1:251 DCC). No agreement? The court decides.
Legal basis of visitation arrangement
Based on Dutch Civil Code Book 1:
- Art. 1:377(1) DCC: Mutual right and duty to visitation, except in cases of serious harm to the child.
- Art. 1:377(2) DCC: Court establishes it upon request of parent, child or Child Care and Protection Board.
- Art. 1:251 DCC: Parenting plan with visitation mandatory in joint custody.
- Art. 1:257a DCC: Modification in changed circumstances.
Forms of visitation arrangements
Different types:
| Type | Description | Example Westland |
|---|---|---|
| Fixed visitation | Predictable schedule | Every weekend Poeldijk until Sunday evening |
| Midweek | Extra contact | Wednesday Naaldwijk, afternoon-evening |
| Vacation | Vacation sharing | Alternating, half May vacation |
| Limited | In cases of risks | Supervised in 's-Gravenzande or suspended |
Discover co-parenting Westland for balanced division.
Drafting a visitation arrangement in Westland
- Jointly: In parenting plan, preferably via mediation (affordable, child-focused).
- Mediation: In case of disagreement, MfN mediator. Mandatory prior to court application.
- Court: Request at The Hague District Court (Westland district). Hearing of parents and child (from 12 years). Advice from juvenile judge or Safe at Home.
- Enforcement: Penalty payment for non-compliance (art. 1:378 DCC).
Start at Juridisch Loket Westland for free advice.
Rights and obligations
- Visitation right: For parents and child, child's best interests paramount.
- Cooperation: Custodial parent facilitates; other contributes to upbringing.
- Child heard: Art. 1:377a DCC.
- Exceptions: No visitation in cases of violence, addiction, abuse (art. 1:377(1) DCC).
Practical examples Westland
Example 1: Mother blocks father after argument in Kwintsheul. Father to court: after investigation weekend visitation, starting supervised.
Example 2: Co-parenting Monster, weekly switch. Relocation? Court adjusts to 50/50 with bus arrangement.
Example 3: Teenager refuses. Court respects wish, but orders therapy for contact.
Flexibility is essential in Westland situations.
Frequently asked questions
Unilateral change possible?
No, both parents must agree or court (art. 1:257a DCC). Mediation first.
Child refuses visitation?
Wish carries significant weight, but court may enforce with support such as supervision. Investigate causes.
Who pays for transport?
Often non-custodial, but court may split. Arrange in plan.
May grandparent demand visitation?
Yes, possible via art. 1:377c DCC if in child's interest. Contact Juridisch Loket Westland.