The principal residence of a child determines the official residential address and registration in the Personal Records Database (BRP). This has both legal and practical implications, even if the child regularly resides with both parents.
Definition of Principal Residence
The principal residence is the address at which a child is registered in the BRP. Legally, a child may only be registered at one location.
Implications of Principal Residence
| Category | Effect |
|---|---|
| Education | School allocation based on the principal residence |
| Child Benefit | Payment to the parent at whose address the child is registered |
| Financial Benefits | Child-related budget, rent allowance and more |
| Healthcare | Registration with a general practitioner in the area of the principal residence |
| Voting Rights | Voting location from age 18 |
Principal Residence after Divorce
In the event of a divorce, parents must agree on which parent the child will have their principal residence with. This is included in the parenting plan. Relevant factors include, among others:
- The child's place of residence before the divorce
- The child's school location and friendships
- Availability and work situation of the parents
- Living conditions of both parents
- Practical aspects such as benefits and education
Relationship between Principal Residence and Care Division
The principal residence is not the same as the care division:
- Even in joint custody, a child has one official principal residence
- The time the child spends with each parent may be equal
- The principal residence concerns only the registered address, not the actual duration of stay
Changing the Principal Residence
Changing the principal residence is possible under the following conditions:
- Agreement between both parents
- A court decision in case of disagreement
- Changed circumstances, such as a move
Can a child have two addresses as principal residence?
No, according to the law, a child may only be registered at one address. In joint custody, parents can make arrangements to divide child benefit and benefits.Does the principal residence give more rights to a parent?
No, the principal residence has no influence on parental authority rights. In joint parental authority, both parents make decisions jointly, regardless of the child's registration.Can I move with my child without permission?
In joint parental authority, permission from the other parent is required for a move. If this permission is refused, the court can be asked for substitute permission.Frequently Asked Questions about Principal Residence in Leiden
How is the principal residence determined after a divorce?
This is recorded in the parenting plan, where factors such as the previous living situation, school and availability of parents play a role. In case of disagreement, the court decides. The principal residence remains the official address, even with equal care division.
Can I receive child benefit if my child is not registered at my address?
No, child benefit normally goes to the parent at whose address the child is registered. In joint custody, parents can agree to share the benefit, which can be recorded with the SVB or in the parenting plan.
What if the other parent refuses a change of principal residence?
In case of disagreement, you can involve the court with a motivated request, for example based on a move or changed care. The court rules based on the child's best interests.
Does the principal residence affect my parental authority?
No, parental authority remains the same in joint parental authority, regardless of the principal residence. Decisions about upbringing, school and care are made jointly.
Moving with my child to another city without permission?
In joint parental authority, permission from the other parent is required. Without agreement, you can ask the court for substitute permission. Stricter rules apply to international moves.
Relevant Institutions in Leiden:
- District Court of The Hague, Leiden Location
- Legal Aid Office Leiden, Stationsweg 46