Visitation Rights After Divorce
After a divorce, both parents have the right to contact with their children (Article 1:377a of the Dutch Civil Code). This applies regardless of whether you were married, had a registered partnership, or cohabited. The starting point is that the child has the right to contact with both parents. The visitation arrangement is recorded in the parenting plan, which is mandatory in the event of a divorce involving minor children.
Co-Parenting: Equal Division of Care Tasks
In a co-parenting arrangement, both parents divide the care and upbringing tasks more or less equally. The child lives alternately with both parents, for example in a week-on-week-off arrangement. Co-parenting requires good communication and cooperation between the parents. It is not mandatory but is increasingly chosen when circumstances permit.
The Parenting Plan
The parenting plan is a mandatory document in the event of a divorce involving minor children (Article 815(2) of the Dutch Code of Civil Procedure). It records agreements on:
- The division of care and upbringing tasks
- The visitation arrangement (when the child stays with which parent)
- The manner of information exchange about the child
- The costs of care and upbringing (child maintenance)
Disputes About the Visitation Arrangement
If parents cannot agree on the visitation arrangement, the court can establish an arrangement. The court considers the best interests of the child as the primary consideration. In exceptional cases, the court may temporarily deny visitation rights, but only if contact would cause serious harm to the child (Article 1:377a(3) of the Dutch Civil Code). Arslan Advocaten can assist you in drafting a fair parenting plan or in conducting proceedings regarding the visitation arrangement.
Modification of the Visitation Arrangement
An existing visitation arrangement can be modified if circumstances have changed. This may include relocation, changes in work or school, or problems in the implementation of the arrangement. You can first try to reach new agreements through mutual consultation or mediation. If this is unsuccessful, you can ask the court to modify the arrangement.