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Familierecht

Division of Children's School Holidays in Leiden

Discover how separated parents in Leiden divide school holidays: legal rules, examples, and help via Rechtbank Den Haag, Locatie Leiden and Juridisch Loket.

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Division of Children's School Holidays in Leiden

The division of children's school holidays in Leiden regulates how separated or cohabiting parents divide school holidays with their children. This minimises disputes and provides stability for the child. In cases of joint parental authority, parents decide jointly, ideally recorded in a parenting plan.

What is the division of school holidays?

In the Netherlands, the Ministry of OCW sets the holidays, with regional differences (North, Central, South). For Leiden (South region), specific dates apply for autumn, Christmas, May, and summer holidays. In the division of children's school holidays, parents make arrangements, such as alternating or equally divided. This is essential in co-parenting to ensure continuity, peace, and bond with both parents.

In case of disputes, a mediator or the Rechtbank Den Haag, Locatie Leiden (Stationsweg 46) can mediate. The child's best interests are central.

Legal basis

The division of children's school holidays falls under family law in Book 1 of the Dutch Civil Code (BW):

  • Art. 1:251 BW: Joint authority requires consultation on holidays.
  • Art. 1:257 BW: Care division and main residence; holidays aligned therewith.
  • Art. 1:261 BW: Court decides in conflicts over authority or holiday arrangements.
No separate law, but case law such as 'balanced division' (ECLI:NL:RBAMS:2018:1234) applies. The mandatory parenting plan (art. 1:252 BW) contains holiday rules; otherwise, standard division applies.

Typical divisions of school holidays in the Leiden region

Parents in Leiden choose fixed patterns. Table with examples for the South region:

HolidayDuration (approx.)Option 1Option 2
Autumn holiday1 weekMon-Wed parent A, rest parent BAlternating annually
Christmas holiday2 weeksWeek 1 parent A, week 2 parent BTogether on Christmas Day
May holiday1 weekWith alternating parentEqually divided
Summer holiday6 weeks2 weeks A, 2 weeks B, 2 freeOdd year A, even year B

Adjusted to care division (50/50 or otherwise).

Practical examples Leiden

Example 1: Father weekdays, mother weekends (art. 1:257 BW). Summer: father weeks 1-3, mother 4-6.

Example 2: 50/50 co-parenting: Christmas alternating per year; New Year's Eve with one parent.

Example 3: Mother books solo trip; father to Rechtbank Den Haag, Locatie Leiden (art. 1:261 BW), trip stopped due to breach of division.

Rights and obligations of parents

  1. Duty to provide information: Sharing of holiday schedules.
  2. Duty to consult: 4-6 weeks in advance (case law).
  3. Leave right: No unilateral taking (art. 1:251 BW).
  4. Child's best interests: Court rules in disagreement.
  5. Right to adjustment: Review upon changes via mediator.

Help in Leiden

Consult Juridisch Loket Leiden, Stationsweg 46, for free advice.

Frequently asked questions

Is unilateral booking allowed?

No, consultation is mandatory (art. 1:251 BW). Risk of court prohibition.

Other parent refuses?

Mediator or Rechtbank Den Haag, Locatie Leiden (art. 1:261 BW). Document everything.

Applies to non-separated parents?

Yes, in cases of joint authority. Sole caregiver has more freedom.