In case of a divorce in Leiden, a parenting plan is mandatory when you have minor children. This document contains all arrangements regarding the care and upbringing of your children, drawn up together with your ex-partner.
Legal Requirement
Since 2009, parents must submit a parenting plan in case of divorce or termination of a registered partnership if minor children are involved. Without this plan, the District Court of The Hague, Leiden location, will not process the divorce request.
Mandatory Content
According to the law, a parenting plan must at least contain arrangements regarding:
| Subject | Description |
|---|---|
| Care and upbringing division | Where the child resides and when with which parent |
| Communication between parents | How parents inform each other about the child |
| Financial contribution | Arrangement for child support and cost sharing |
Additional Arrangements
Many parents also add arrangements regarding:
- Choice of school and education
- Decisions regarding health
- Religious upbringing and values
- Planning of holidays and special days
- Introduction of new partners
- Rules regarding relocation
- Contact methods between parents
Types of Care Arrangements
| Type of Arrangement | Time Division | Characteristics |
|---|---|---|
| Co-parenting | 50/50 | Children reside equally divided with both parents |
| Primary residence with contact | 60/40 or 70/30 | Child has one primary residence |
| Weekend arrangement | 85/15 | Child is with the other parent every other weekend |
Involving the Child
Children from 12 years old are invited by the judge to share their view. Younger children may sometimes also be heard. Their input is taken into account, but is not binding.
Can I get help if we cannot reach agreement?
If you and your ex-partner cannot reach agreement, a mediator in Leiden can help. If that does not work, the judge can make a decision regarding the care arrangement in the best interest of the child.Is adjustment of the parenting plan possible?
Yes, in case of changed circumstances, the plan can be revised. If there is agreement, you draw up a new plan together. In case of disputes, the District Court of The Hague, Leiden location, can be involved.Is a parenting plan mandatory for unmarried parents?
For cohabiting parents without marriage or partnership, a parenting plan is not legally mandatory. However, it is recommended to record arrangements in writing, for example via the Juridisch Loket Leiden at Stationsweg 46.Frequently Asked Questions
Is a parenting plan mandatory in case of divorce in Leiden?
Yes, in case of divorce or termination of a registered partnership with minor children, this is mandatory. Without a plan, your request will not be processed by the court. It must contain arrangements regarding care, communication and costs.
What if we cannot reach agreement?
In case of disagreement, a mediator can help. If that does not work, the judge decides in the best interest of the child. Children from 12 years old may often give their opinion.
Can I make changes to the plan later?
Yes, in case of changes such as a relocation or new situation, you can adjust the plan. If there is agreement, you do this together; otherwise, the judge can help.
How do I arrange the costs of my children?
In the plan, you agree on who pays what, such as support or direct costs. Often, the parent with higher income contributes a larger share. Additional expenses such as school costs can be arranged separately.
What distinguishes co-parenting from a weekend arrangement?
In co-parenting, the time is equally divided (50/50), whereas in a weekend arrangement, the child primarily resides with one parent (e.g. 85/15) and is with the other every other weekend.