In a divorce in Westland with minor children, a parenting plan is mandatory. In it, you make agreements with your ex-partner about the care and upbringing of your children.
Legal Requirement in Westland
Since 2009, parents must submit a parenting plan in the event of a divorce or termination of a registered partnership if there are minor children. Without this plan, the District Court of The Hague, under which Westland falls, will not process the divorce request.
Mandatory Content of the Plan
According to the law, a parenting plan must at least contain agreements on:
| Subject | Description |
|---|---|
| Care and upbringing division | Where the child resides and when it is with which parent |
| Communication between parents | How parents inform each other about the child |
| Financial contribution | Child support and other cost sharing |
Additional Agreements
Many parents in Westland also add other points, such as:
- Choice of school and education
- Decisions on health and medical care
- Upbringing standards and religious aspects
- Planning of vacations and special days
- Introduction of new partners
- Rules in case of relocation
- Contact methods between parents
Types of Care Divisions
| Type of Arrangement | Ratio | Details |
|---|---|---|
| Co-parenting | 50/50 | Children live equally divided with both parents |
| Primary residence with visitation arrangement | 60/40 or 70/30 | Child primarily lives with one parent |
| Weekend arrangement | 85/15 | Child is with the other parent every other weekend |
Input of the Child
In Westland, children from 12 years old are invited by the court to share their opinion on the arrangement. Younger children may sometimes also be heard. Their input is taken into account but is not binding.
What if we cannot reach agreement on the plan?
If you cannot agree together, you can seek help from a mediator via, for example, the Juridisch Loket Westland. If mediation does not help, the District Court of The Hague will decide on an appropriate arrangement in the best interest of the child.Is adjustment of the parenting plan possible?
Yes, in case of changed circumstances such as a relocation or new situation, you can adjust the plan. If you agree, you draw up a new plan together. In case of disagreement, you can ask the District Court of The Hague for a decision.Is a parenting plan mandatory for unmarried parents?
For parents in Westland who were not married or did not have a partnership, a parenting plan is not mandatory. However, it is strongly recommended to put agreements in writing for clarity and certainty.Frequently Asked Questions in Westland
Is a parenting plan mandatory for divorce?
Yes, for a divorce or termination of a registered partnership in Westland, this is mandatory if you have minor children. Without a plan, your request will not be processed by the District Court of The Hague.
What if my ex-partner and I cannot reach agreement?
Then you can engage a mediator via the Juridisch Loket Westland. If that does not work, the judge will make a decision with the best interest of the child as priority.
Can I make changes to the plan later?
Yes, in case of changes in your situation, you can adjust the plan. If you agree, you do this together; otherwise, the District Court of The Hague decides after a request.
How do we arrange the costs of our children?
In the plan, you specify who bears which costs, such as support or direct payments. Often, the parent with higher income bears a larger share. A calculation can help for a fair division.
What is the difference between co-parenting and a weekend arrangement?
In co-parenting, the time with the child is approximately equally divided (50/50), whereas in a weekend arrangement, the child mainly lives with one parent and, for example, is with the other every two weeks.