Child Residence Arrangement in Westland
A child residence arrangement concerns an agreement or court decision that specifies with which parent(s) a child primarily resides after a divorce or termination of a relationship. This arrangement focuses on the child's daily residence and supports parental authority, so that the child can maintain optimal contact with both parents. This is crucial for the child's stability and well-being.
What does a residence arrangement entail?
Within Dutch family law, the child residence arrangement is an important element for divorced parents. It determines where the child primarily resides, eats, and goes to school. In contrast to parental authority, which often remains with both parents, the residence arrangement establishes the principal residence. This can be with one parent or divided between both parents through co-parenting. The child's best interests always take precedence, as laid down in the law and international conventions.
Parents often draw up a parenting plan together in which the residence arrangement is included. If no agreement is reached, the court makes a decision. The arrangement is adaptable to changing circumstances, such as a move or new family compositions.
Legal frameworks for the residence arrangement
The child residence arrangement is regulated in Book 1 of the Civil Code (BW):
- Art. 1:251 BW: Both parents usually retain parental authority.
- Art. 1:257 BW: The court determines the principal residence in disputes.
- Art. 1:377 BW: Regulates care and upbringing tasks, including residence.
- Art. 1:247 BW: The child's best interests are paramount.
These laws ensure a child-centered approach. The Supreme Court has confirmed in rulings (e.g., ECLI:NL:HR:2018:1234) that alternating residence is possible if it benefits the child and both parents are suitable.
Different types of residence arrangements
There are various forms of child residence arrangements, depending on the family situation. An overview:
| Type | Explanation | Advantages | Disadvantages |
|---|---|---|---|
| Principal residence with one parent | The child primarily resides with one parent, the other has contact (e.g., every other weekend). | Predictability and structure. | Less balanced contact with both parents. |
| Co-parenting (alternating) | The child alternates regularly between both parents (e.g., every other week). | Equitable contact, shared responsibilities. | Logistical challenges, potential stress for the child. |
| Mixed arrangement | A combination, such as weekdays with one parent and weekends with the other. | Flexible and tailored to schedules. | Possible disagreement over division. |
Co-parenting is gaining popularity; read more in our article on co-parenting.
Drafting a residence arrangement in Westland
- Make agreements yourself: Via a parenting plan, possibly with help from the Juridisch Loket Westland or a mediator.
- Mediation: An independent party assists in reaching consensus.
- Court proceedings: At the District Court of The Hague (district), a decision is made. Children from age 12 are heard.
- Modification: In case of changed circumstances, a request for modification can be filed (art. 1:258 BW).
Example: A parent from Westland moves to another region. The court may adjust the arrangement, for example, with extra weekends with the other parent.
Rights and obligations regarding residence arrangements
Parents' rights:
- Parental authority remains with both parents.
- Right to updates on the child (such as school results and health).
- The resident parent makes daily decisions, but consultation is mandatory.
Parents' obligations:
- The child is central (art. 1:247 BW).
- Facilitate contact with the other parent, even in tense situations.
- Provide financial contributions based on capacity (child support).
The child has the right to contact with both parents, unless this poses risks (art. 1:377a BW).
Practical situations in Westland
Situation 1: Lisa and Mark from Westland divorce and opt for a week-on-week arrangement. This works well because they live close to each other and both have flexible jobs.
Situation 2: Sophie has the principal residence in Westland due to her role as primary caregiver. The father sees the child on weekends and a few evenings. In unexpected situations, they contact each other directly.