Parenting Plan and Contact Arrangement in Leiden
A parenting plan contact is a mandatory document for parents in case of divorce or dissolution of a registered partnership with minor children. It records agreements on the contact arrangement, such as residence with the non-custodial parent. This provides clarity and stability for the child and helps prevent conflicts. In Leiden, you can go to the District Court of The Hague, Leiden Location or the Legal Counter Leiden at Stationsweg 46 for help.
What does a parenting plan entail?
The parenting plan encourages parents to make their own agreements about upbringing and care after a relationship breakdown. Pursuant to Article 1:247 of the Dutch Civil Code, both parents with parental authority over a child under 18 must draw up a plan. It must include at least:
- Division of care and upbringing;
- The contact arrangement;
- Exchange of information and consultation on important decisions.
Child support can be included optionally, but is often separate. The plan does not need to be notarised, but must be concrete. No agreement? The court can intervene (art. 1:251 Dutch Civil Code). In Leiden, the District Court of The Hague, Leiden Location, handles such cases.
Contact Arrangement within the Parenting Plan
The contact arrangement safeguards the child's right to contact with both parents. Article 1:377 Dutch Civil Code states that contact with the non-trusted parent is required, unless harmful to the child.
Parents specify in Leiden practice:
- Frequency and duration (e.g. alternating weekend from Friday evening to Sunday evening);
- Holidays and vacations (e.g. Christmas alternating, summer equally divided);
- Transport (e.g. parent picks up from school in Leiden);
- Evaluations (e.g. discuss every six months).
Examples of Contact Arrangements Leiden
For an 8-year-old child after divorce: first and third weekend with father, Wednesday until 19:00, half summer vacation and alternating New Year's Eve. For young children, it builds up with day visits. In international cases, the Hague Contact Convention applies.
Legal Framework and Procedures
The core is Book 1 Dutch Civil Code:
| Statutory Provision | Description |
|---|---|
| Art. 1:247 Dutch Civil Code | Obligation parenting plan |
| Art. 1:251 Dutch Civil Code | Court in case of disagreement |
| Art. 1:377-1:380 Dutch Civil Code | Contact right and obligation |
Without a plan, the court suspends the divorce proceedings at the District Court of The Hague, Leiden Location. An approved plan has res judicata effect; changes via the court.
Rights and Obligations Contact
Rights:
- Child's right to contact (art. 1:377(1) Dutch Civil Code);
- Parents may demand reasonable contact.
Obligations:
- Facilitate contact (art. 1:378 Dutch Civil Code);
- Non-compliance: contact enforcement or criminal proceedings.
In Leiden, this often leads to mediation via the Legal Counter or penalty payments.
Frequently Asked Questions
No agreement on parenting plan contact?
The court sets the plan based on the child's best interests, after a hearing with the Youth Judge or Child Protection Board. Mediation recommended via Legal Counter Leiden.
Change contact arrangement?
Yes, in case of changes (relocation) via the court (art. 1:253a Dutch Civil Code). The plan may include evaluations.
Domestic violence or addiction?
Contact limited or supervised (art. 1:377(2) Dutch Civil Code), with input from Safe at Home.
Registration of parenting plan?
No, not mandatory, but must be filed with the court.