Visitation Arrangement in Family Law in Leiden
A visitation arrangement is an agreement or court decision regarding contact between a child and the non-custodial parent (or other involved party) without daily care. After divorce or dissolution of partnership, this ensures the maintenance of bonds with both parents. In the Netherlands, visitation is a fundamental right for children, locally applicable via the District Court of The Hague, Leiden Location.
What does a visitation arrangement entail?
This arrangement determines the frequency and duration of contact with the non-custodial parent, such as weekly, every other week or holidays. Unlike the care arrangement, which divides upbringing, visitation focuses on visits. In co-parenting, they often overlap; in sole custody, visitation predominates. Always priority: child's best interests, relationship stability and development.
It forms part of the mandatory parenting plan in joint custody (art. 1:251 DCC). No agreement? The family judge in Leiden decides.
Legal basis
Based on Dutch Civil Code Book 1:
- Art. 1:377(1) DCC: Mutual right to visitation, except in cases of serious harm to the child.
- Art. 1:377(2) DCC: Court determines upon request of parent, child or Child Care and Protection Board.
- Art. 1:251 DCC: Parenting plan mandatory in joint custody.
- Art. 1:257a DCC: Modification in changed circumstances.
Types of visitation arrangements
Different forms:
| Type | Description | Example |
|---|---|---|
| Fixed visitation | Predictable schedule | Every Friday to Sunday |
| Midweek visit | Extra on weekends | Wednesday from afternoon to evening |
| Vacation contact | Vacation sharing | Alternating, half holidays |
| Limited visitation | In safety risks | Supervised or suspended |
Discover co-parenting for balanced care.
Drafting a visitation arrangement in Leiden
- Joint establishment: In parenting plan, preferably via mediation – cost-effective and child-focused.
- Mediation: In case of disagreement, with MfN mediator. District Court of The Hague, Leiden Location requires information thereon.
- Court procedure: Request to family judge Leiden. Hearing with parents and child (from 12 years). Advice from youth judge or Safe at Home.
- Enforcement: Penalty payment in case of sabotage (art. 1:378 DCC).
Rights and obligations
- Visitation right: For parents and child, child's best interests paramount.
- Duty to cooperate: Custodial parent facilitates; other contributes to upbringing.
- Child heard: From a certain age (art. 1:377a DCC).
- Exceptions: No visitation in cases of violence, addiction or abuse (art. 1:377(1) DCC).
Practice cases from Leiden region
Case 1: Mother blocks father post-divorce. Father litigates at Leiden District Court: after evaluation weekend visitation, initially supervised.
Case 2: Co-parents alternate weekly. Upon mother's relocation, judge adjusts to 50/50 with travel cost sharing.
Case 3: Teenager refuses. Judge respects wish but orders therapy for contact restoration.
Flexibility is crucial; rigidity backfires.
Frequently asked questions
Can I unilaterally change it?
No, consensus or court needed for change (art. 1:257a DCC). Try mediation via Legal Aid Office Leiden.
Child refuses visitation?
Wish weighs heavily, but court may order with support such as family guidance. Investigate causes.
Who pays for transport?
Often non-custodial parent, but court may split. Arrange in plan.
May grandparents demand visitation?
Yes, upon request if in child's best interests (art. 1:377c DCC), via District Court of The Hague, Leiden Location.