Child Contact Arrangement in Leiden
A child contact arrangement determines how and when a child maintains contact with the parent who is not the primary caregiver, or with family members such as grandparents. For parents in Leiden following a divorce or in unmarried parenthood, this is essential to safeguard the child's well-being. Parents have a legal right to contact, unless it harms the child.
Legal Basis of the Contact Arrangement
The contact arrangement is governed by the Dutch Civil Code Book 1, particularly Article 1:377 DCC. This ensures mutual contact between parents and child. Parental authority (Article 1:251 DCC) requires parents to provide care and facilitate contact. With joint authority, parents decide together; with sole authority, it rests with the sole holder (see article on sole parental authority).
If parents cannot agree, the District Court of Leiden may impose an arrangement (Article 1:377(2) DCC). The best interests of the child always prevail (Article 1:247 DCC). In cases of domestic violence or abuse, the court may restrict or deny contact (Article 1:377(3) DCC).
Types of Contact Arrangements in Practice
Arrangements vary by circumstances. Overview for situations in Leiden:
| Type of Contact | Description | Example in Leiden |
|---|---|---|
| Weekly contact | Fixed days with the non-custodial parent. | Every weekend from Friday evening to Sunday in Merenwijk. |
| Holiday contact | During holidays, often alternating. | Alternating Christmas and summer weeks around Sleutelstad. |
| Co-parenting | Equal sharing of care. | Weekly alternation, ideal for Leiden-Centrum families. |
| Supervised contact | Monitored in cases of risk. | Monthly hour with supervisor at an FAVO location. |
In Leiden, co-parenting is gaining popularity among equal partners, provided communication runs smoothly.
Rights and Obligations Regarding Contact
Parents' rights:
- Information on school and health (e.g., primary schools in Leiden).
- Contact rights, unless the child's best interests outweigh them.
- Input on major decisions (joint authority).
Parents' obligations:
- Facilitate contact, do not obstruct it.
- Do not turn the child against the other parent (prevent alienation).
- Inform and involve the child in plans.
Violations may result in fines or court-ordered changes (Article 1:378 DCC).
Practical Examples from Leiden
Example: Leiden residents Marie and Pieter divorce. Their son Sem (7) stays with Marie in Kooiwijk. Pieter gets every weekend and half the holidays. After Pieter moves to Voorschoten, they adjust via mediation: an extra weekday evening.
Conflict case: Karel refuses contact with ex Lisa out of fear of influence. Following an investigation by the Child Care and Protection Board, the District Court of Leiden orders contact with professional supervision.
Grandparents: In cases of early parental loss, Leiden grandparents can claim contact (Article 1:377a DCC). The court assesses the bond; often approved if positively influential.
Drafting a Contact Arrangement in Leiden
Step 1: Agree yourselves, preferably in a parenting plan (Article 1:247(2) DCC).
Step 2: Mediation with an MfN mediator in the Leiden region.
Step 3: File a request with the District Court of Leiden (court fee approx. €85).
Step 4: For urgency: request summary proceedings.
The court consults the child from age 12 (or earlier) and may involve experts. Start with Het Juridisch Loket Leiden for free initial advice.
Frequently Asked Questions
Can I refuse contact if the child doesn't want to go?
No, that's not an excuse. Investigate reasons (e.g., psychologist via Municipality of Leiden). The court decides based on the child's best interests.
What if the other parent sabotages?
Document it (messages). Request the District Court of Leiden for modification or penalty payment. Repeated cases risk loss of authority.
Does this apply to stepparents/grandparents?
Stepparents: no, without adoption. Grandparents: claimable if in the child's best interests (Article 1:377a DCC).
Who pays for transport?
Often shared or from budget. The court may order compensation for trips in the Leiden area.
Tips for Parents in Leiden
- Use apps like OnzeKindApp for clear communication.
- Explain to the child without fight details.
- Help from Veilig Thuis Leiden or FAVO for supervision.
- Build in flexibility: for illness or Leiden festivals.
- Free advice at Het Juridisch Loket Leiden (Stationsplein 28) or local lawyers.
Related: Parenting Plan, Child Support, Joint Parental Authority.
This overview is tailored to Leiden (approx. 1100 words). For your own case: consult a professional.