Parenting Plan and Contact Arrangement in Westland
A parenting plan contact is a mandatory document for parents in Westland upon divorce or dissolution of a registered partnership with minor children. It records agreements on the contact arrangement, such as residence times with the non-custodial parent. This provides stability for the child and minimizes conflicts. In Westland, you can go to the The Hague District Court (district) or the Westland Legal Desk for help.
What does a parenting plan entail?
The parenting plan, introduced to encourage parents to decide themselves on upbringing and care after relationship breakdown, is mandatory under Article 1:247 DCC for parents with authority over children under 18. It includes at least:
- Division of care and upbringing;
- The contact arrangement;
- Information exchange and consultation on important decisions.
Child support can be included, but often separately. No notarial deed required, but the plan must be feasible. No agreement? The court decides (art. 1:251 DCC). In Westland, the Westland Legal Desk advises on drafting.
Contact Arrangement within the Parenting Plan
The contact arrangement safeguards the child's right to contact with both parents post-divorce. Article 1:377 DCC states that contact is normally required, unless harmful to the child.
Parents record:
- Frequency and duration (e.g., alternating weekend from Friday to Sunday);
- Holidays and vacations (e.g., Christmas alternating, summer equally divided);
- Handover (e.g., who picks up and drops off);
- Review dates (e.g., annual evaluation).
Examples of Contact Arrangements in Westland
For an 8-year-old child after divorce: often every 1st and 3rd weekend with father, Wednesday until 19:00, half summer and alternating New Year's Eve. For toddlers, start with day visits before overnights. In cross-border cases, the Hague Contact Convention applies.
Legal Framework and Steps
Central in Book 1 DCC:
| Statutory Provision | Description |
|---|---|
| Art. 1:247 DCC | Obligation for parenting plan |
| Art. 1:251 DCC | Court in case of disagreement |
| Art. 1:377-1:380 DCC | Contact right and obligation |
Without a plan, The Hague District Court suspends the proceedings. An approved plan has res judicata effect; changes via court.
Rights and Obligations regarding Contact
Rights:
- Child may demand contact with both parents (art. 1:377(1) DCC);
- Parents can enforce reasonable contact.
Obligations:
- Promote contact, not obstruct it (art. 1:378 DCC);
- In case of violation: contact suspension or criminal proceedings.
In Westland, often mediation or penalty payment via court.
Frequently Asked Questions
No agreement on parenting plan contact?
The Hague District Court (or Family Division Judge) decides based on the child's best interests, after hearing and possibly Child Protection Board. Try mediation via Westland Legal Desk.
Adjust contact arrangement?
Yes, in case of changes such as relocation (art. 1:253a DCC). The plan can include self-review.
In case of violence or addiction?
Contact limited or supervised if harmful (art. 1:377(2) DCC). Safe at Home and court assess child's best interests.
Registration of parenting plan required?
No, but keep it safe and share with school or authorities in Westland.