Parenting Plan: Primary Residence
The **primary residence** in a **parenting plan** determines where your child primarily lives after divorce or dissolution of a registered partnership. This is crucial for daily care, school selection, benefits, and cost distribution. This article explains the role of the primary residence within the parenting plan.
What Is a Parenting Plan?
A **parenting plan** is a written agreement between parents regarding the upbringing and care of their minor children (under 18) following divorce or partnership dissolution. It is legally required and must be submitted to the court as part of the divorce proceedings. The plan includes arrangements for **primary residence**, care responsibilities, cost-sharing, information exchange, and decisions on major matters such as education and medical care.
The parenting plan ensures clarity and stability for the child. Parents with joint custody must draft the plan together. If they cannot agree, the court may impose a plan.
What Does Primary Residence Mean?
The **primary residence** is the child’s main place of residence, where they spend most nights per year (typically over 50%, or more than 182 days). This determines:
- Which parent registers the child with the municipality (primary residence parent).
- Eligibility for child benefits (paid to the primary residence parent).
- School enrollment and practical matters like GP registration and sports clubs.
- The legal address for correspondence and procedures.
The primary residence differs from a joint custody arrangement, where the child spends equal time with both parents.
Legal Basis of Parenting Plans and Primary Residence
The legal framework is found in **Dutch Civil Code Book 1 (Burgerlijk Wetboek Boek 1)**:
- Article 1:251(2) Dutch Civil Code: Parents with joint custody must draft and submit a parenting plan to the court.
- Article 1:253 Dutch Civil Code: Governs the primary residence and the child’s living arrangements with parents.
- Article 1:247 Dutch Civil Code: Emphasizes parental authority and the child’s best interests.
The court assesses the plan against the **child’s best interests** (Art. 1:247). In disputes, the court may designate the primary residence (Art. 1:253a for modifications).
The Primary Residence in the Parenting Plan
The parenting plan must specify:
- The primary residence address (with which parent the child primarily lives).
- Visitation schedule (days and holidays).
- Transportation arrangements (who picks up/drops off).
- Flexibility for adjustments.
The plan must be realistic, considering work, school, and the child’s age. For young children (<4 years), courts often assign one primary residence to the primary caregiver.
Practical Examples
Example 1: Mother has primary residence; child lives with her weekdays and with father on weekends. Mother receives child benefits and maintenance.
Example 2: 50/50 split without a clear primary residence. The tax authority may designate the lower-earning parent as a *fictional* primary residence for benefits, potentially causing disputes.
Example 3: Father relocates to another city. Parents adjust the plan via a modification agreement, keeping primary residence with mother.
Rights and Obligations Regarding Primary Residence
Rights of the Primary Residence Parent:
- Register the child with the municipality and enroll them in school.
- Receive child benefits (child allowance, childcare budget).
- Make decisions on daily matters.
Obligations:
- Inform the other parent about important matters (illness, school).
- Facilitate visitation rights.
- Share costs as per the plan.
Both parents retain **joint decision-making authority** for major issues (Art. 1:251(2)).
Comparison of Residence Arrangements
| Arrangement | Primary Residence | Benefits | Advantages | Disadvantages |
|---|---|---|---|---|
| Primary residence with one parent (70/30) | Yes, clear | Paid to primary residence parent | Stability for child | Less equal distribution |
| Joint custody (50/50) | Not always | Split or fictional | Equal involvement | Logistically complex |
| Alternating without primary residence | No | Problematic | Flexible | Administrative hassle |
This article expands on Primary Residence of the Child. Related topics: Parental Authority and Child Maintenance.
Frequently Asked Questions
Can the primary residence be changed later?
Yes, via a joint request to the court (Art. 1:253a) or a notarial deed. The child’s best interests prevail; changes may occur due to relocation or conflict.
What if parents disagree on primary residence?
The court decides based on the child’s best interests, often considering current living arrangements and reports from Veilig Thuis or a family law mediator.
Does it affect child maintenance?
Yes, primary residence influences maintenance calculations (Treman standards). The primary residence parent bears more care costs, while the other pays spousal maintenance.
What about international primary residence?
Complex due to the Brussels II-bis Regulation. Consult a family law attorney.
Tips and Recommendations
- Draft the parenting plan with a mediator for neutrality.
- Create a calendar outlining residence schedules for clarity.
- Test the arrangement for 3 months to assess feasibility.
- Document all agreements in case of disputes (emails, messages).
- Use the Dutch government’s Alimony Calculator.
- For tailored advice, contact Arslan Advocaten.
A well-structured parenting plan with a clear primary residence minimizes future disputes. Seek expert help if needed.