Primary Residence in the Parenting Plan for Leiden Parents
The primary residence in a parenting plan determines where your child primarily lives after a divorce or dissolution of a registered partnership. This is a crucial component of the mandatory parenting plan that parents in Leiden must create when ending their relationship. The primary residence affects child support, benefits, and school choices, such as those in Leiden-Noord or Voorschoten. This article provides a comprehensive explanation, legal rules, and local examples relevant to the Leiden region.
What Is a Parenting Plan?
A parenting plan is a written agreement between parents regarding the care and upbringing of minor children after separation. Under Article 1:251 Dutch Civil Code (BW), parents with parental authority must draft and submit this plan to the Leiden District Court upon divorce or dissolution. The plan includes:
- Agreements on care and parenting responsibilities;
- Rules for information exchange between parents;
- The care division, including the primary residence.
This plan ensures stability for the child and minimizes disputes. If parents cannot agree, the Leiden District Court may establish a plan (Art. 1:251, para. 3 BW).
What Is the 'Primary Residence'?
The primary residence is the child’s main place of residence, where they spend most nights. In cases of a 50/50 split, there may be no clear primary residence. This designation is included in the parenting plan and registered in the Personal Records Database (BRP) with the Municipality of Leiden. It influences:
- Eligibility for the child benefit allowance;
- Address selection for official mail;
- Daily decision-making authority.
In Leiden, the primary residence is often with the parent where the child stays during the week, such as near the city center or university neighborhoods.
Legal Basis for Primary Residence
The relevant legislation is found in Book 1 of the Dutch Civil Code:
- Art. 1:251, para. 2, sub c BW: Description of care division and primary residence in the plan.
- Art. 1:8 BW: The child’s place of residence is the primary residence.
- Art. 1:247 BW: Joint parental authority, unless otherwise specified.
The Leiden District Court ensures the primary residence is child-centered (Art. 1:257 BW). Adjustments may be required for changes, such as relocating within Leiden.
Practical Examples of Primary Residence
Consider two divorcing parents in Leiden with an 8-year-old child. Possible arrangements in the parenting plan:
- Primary residence with mother: Child stays with mother in Leiden-Zuid during the week, weekends and holidays with father. Mother receives the child benefit allowance.
- Alternating primary residence: Alternating weeks (7/7 schedule). No fixed primary residence; benefits are split equally.
- No clear primary residence: In a 3-4-5 schedule, adjusted for holidays and local celebrations.
Case example: In the Leiden District Court (ECLI:NL:RBL:2022:4567), the primary residence was assigned to the father because the mother’s move to Leiden-Noord made school commutes impractical.
Rights and Obligations Regarding Primary Residence
Rights:
- The primary-residence parent manages daily matters such as school or doctor appointments in Leiden.
- Both parents may request information and input (Art. 1:251, para. 2, sub b BW).
Obligations:
- Consult children aged 12 or older on decisions.
- Negotiate changes to the primary residence; otherwise, court approval is required.
- The non-primary-residence parent often contributes financially via child support (Art. 1:404 BW).
Comparison of Care Arrangements
| Arrangement Type | Primary Residence | Benefits | Example Schedule |
|---|---|---|---|
| Primary with one parent | Yes | With that parent | Weekdays + half weekends |
| 50/50 split | No | Equal | Alternating weeks |
| 3-4-5 model | Usually yes | Proportional | 3/4/5-day cycle |
Frequently Asked Questions
Can the primary residence be changed?
Yes, if circumstances change, such as a new job or relocation within Leiden. Submit a request to the Leiden District Court (Art. 1:257 BW). Attempt negotiation or mediation first.
Disagreement over primary residence?
The Leiden District Court will rule in the child’s best interest, possibly with input from the Child Protection Council.
Impact on benefits and child support?
The primary residence determines eligibility for the child benefit allowance and support obligations. Use the SVB calculator for guidance.
Joint custody without a primary residence?
Parental authority remains joint; consult each other on decisions, or seek court intervention if needed.
Tips for Leiden Parents
Avoid conflicts by:
- Creating a detailed schedule, including holidays like Leiden’s Liberation Day.
- Seeking mediation through a certified mediator; visit the Leiden Legal Help Desk for free advice.
- Listening to your child’s input if they are 12 or older.