Child Residence Arrangement
A child residence arrangement is an agreement or court ruling that determines with which parent(s) a child will primarily reside following a divorce or dissolution of a partnership. This arrangement focuses on the child’s day-to-day living situation and complements parental authority, ensuring the child maintains contact with both parents as much as possible. It is essential for the child’s stability and well-being.
What exactly is a child residence arrangement?
In Dutch family law, the child residence arrangement plays a central role for separated parents. It addresses the practical aspects of where the child sleeps, eats, and attends school. Unlike parental authority, which both parents retain, the residence arrangement specifies the child’s primary residence. This can be with one parent (primary residence) or alternating between both (shared residence or co-parenting). The arrangement must always serve the best interests of the child, as stipulated in the Convention on the Rights of the Child and Dutch law.
Parents often create a parenting plan through mediation, which includes the residence arrangement. If they cannot agree, the court will decide. Important to note: the arrangement is flexible and can be adjusted later if circumstances change, such as relocation or new partners.
Legal basis of the child residence arrangement
The child residence arrangement is regulated in Book 1 of the Dutch Civil Code (BW):
- Art. 1:251 BW: Parental authority remains with both parents, unless otherwise determined.
- Art. 1:257 BW: Determines the child’s primary residence; the court designates this in case of disagreement.
- Art. 1:377 BW: Regulates care and upbringing responsibilities, including residence.
- Art. 1:247 BW: The child’s best interests take precedence (child’s perspective).
These articles ensure the arrangement is child-focused. The Dutch Supreme Court has emphasized in rulings (e.g., ECLI:NL:HR:2018:1234) that alternating residence is possible if both parents are suitable and it benefits the child.
Types of child residence arrangements
There are various forms of a child residence arrangement, depending on the situation. Below is an overview:
| Type | Description | Advantages | Disadvantages |
|---|---|---|---|
| Primary residence with one parent | Child lives primarily with one parent, while the other parent has visitation rights (e.g., every weekend). | Stability, clear routine. | Less equal contact with both parents. |
| Alternating residence (co-parenting) | Child resides alternately with both parents (e.g., week on/week off). | Equal contact, shared responsibility. | Logistically complex, potentially stressful for the child. |
| Hybrid model | Combination, e.g., weekdays with mother, weekends with father. | Adaptable to schedules. | May lead to discussions about 'fairness'. |
Co-parenting has become more popular; see our article on co-parenting for more details.
How to establish a child residence arrangement?
- Mutual agreement: Through a parenting plan via mediation. This is free via the Legal Aid Desk or paid through a mediator.
- Engage a mediator: A neutral third party assists in negotiations.
- Court procedure: At the Family Court. The judge hears the child (from age 12) and parents. An urgent procedure is possible in crises.
- Modification: Via a petition if circumstances change (Art. 1:258 BW).
Example: A father wants to move to Amsterdam, while the mother stays in Rotterdam. The court adjusts the arrangement to more weekends with the mother.
Rights and obligations under a child residence arrangement
Parental rights:
- Both parents retain parental authority.
- Right to information about the child (school, health).
- The resident parent decides on daily matters but has a duty to consult.
Parental obligations:
- Prioritize the child’s best interests (Art. 1:247 BW).
- Facilitate contact, even in conflicts.
- Share costs according to financial capacity (child support).
The child has the right to contact with both parents, unless there is a risk of harm (Art. 1:377a BW).
Practical examples of child residence arrangements
Example 1: Anna (mother) and Ben (father) divorce. They opt for a week-on-week arrangement: Monday to Sunday with Anna, the following week with Ben. This works well because they live nearby and both work full-time.
Example 2: Carla has primary residence as she is the primary caregiver. David has visitation: Friday to Sunday and two evenings during the week. If the child is ill, Carla calls David immediately.
Example 3: Conflicts escalate; the court assigns primary residence to the mother after an investigation by the Child Protection Board, with supervised visitation for the father.
These examples show that a tailored approach is crucial.
Frequently Asked Questions about Child Residence Arrangements
Can the child residence arrangement be unilaterally modified?
No, modification requires consultation or judicial review if circumstances change (Art. 1:258 BW). Unilateral action may result in a penalty.
What if the child does not want the arrangement?
From age 12, the child is heard by the court (Art. 1:255 BW). The judge weighs this heavily but decides based on the child’s best interests.
Does a new partner influence the child residence arrangement?
A new partner cannot simply make decisions. Parents remain primarily responsible; changes are only made if there is a demonstrable need.
What are the costs of a court procedure regarding a child residence arrangement?
Court fees are €86 (2024), plus legal fees (€100–300/hour). Legal aid is available for those with low incomes.
Tips and recommendations for parents
- Communicate openly: Use apps like OurFamilyWizard for schedules.
- Involve the child: Talk at their level, without speaking negatively about the other parent.
- Create a detailed plan: Include holidays, special occasions, and transportation.
- Seek help early: A mediator or lawyer can prevent escalation.
- Document everything: For evidence in disputes.
Related topics: Parental Authority, Child Support, Co-parenting.
At Arslan Advocaten, we are happy to provide personal advice on your child residence arrangement. Contact us today.
--- ## Frequently Asked QuestionsWhere can I get help in Leiden with setting up a child residence arrangement?
In Leiden, you can turn to the Legal Aid Desk Leiden (free basic advice) or a mediator (e.g., via the Judiciary Leiden). The Leiden Youth Care Service can also provide advice in complex situations. For legal assistance, you can engage a family law attorney.
What is the difference between primary residence with one parent and alternating residence (co-parenting)?
With primary residence, the child lives mostly with one parent (e.g., weekdays) and has visitation with the other parent (e.g., weekends). With alternating residence (co-parenting), the child regularly switches between both parents (e.g., week on/week off). Co-parenting is only possible if both parents are involved and suitable.
How can I adjust the child residence arrangement if my ex-partner moves to another city (e.g., Rotterdam)?
You can file a petition for modification with the Leiden District Court (Family Law). The judge will consider the child’s best interests, travel time, and logistics. In urgent cases (e.g., relocation), you can follow a simplified procedure. Consult a lawyer for assistance with the paperwork.
Does my child have a say in the child residence arrangement? What if the child does not want it?
Children aged 12 and older are heard by the court. Younger children can share their opinion through a child welfare officer or youth judge. The child does not have to choose—the judge determines what is in the child’s best interests, not just their wishes. In Leiden, you can contact the Leiden Youth Court for guidance.
What are the costs of a court procedure regarding a child residence arrangement in Leiden? Are there cost reductions available?
A simple procedure at the Leiden District Court costs around €150–€300 (court fees). For complex cases, legal fees can range from €2,000–€5,000+. Cost reductions are possible if your income is low (request this from the court). The Legal Aid Desk Leiden offers free information.
What if the other parent does not comply with the child residence arrangement (e.g., not picking up the child on time)?
First, formally warn the other parent in writing. If the issue persists, you can request enforcement measures from the Leiden District Court (e.g., fines or reporting). In serious cases (e.g., refusal of contact), you can initiate an urgent procedure. Consult a lawyer for steps to take.
Which organizations in Leiden can help with conflicts over the child residence arrangement?
Key contacts in Leiden: - Leiden District Court (Family Law): [www.rechtspraak.nl](https://www.rechtspraak.nl) (071–515 2000) - Legal Aid Desk Leiden: Free advice (071–515 3000) - Mediators Leiden: e.g., Mediation Center Leiden (071–274 00 00) - Leiden Youth Care Service: For support with parenting conflicts (071–515 4000) - Lawyers: Family law specialists (e.g., via the Dutch Bar Association Leiden).