Contact Arrangement in Family Law in Tilburg
A contact arrangement regulates the contact between the child and the non-custodial parent (or other). After divorce or dissolution of partnership, crucial for maintaining bonds with both parents. In the Netherlands, this is a fundamental child right, locally relevant at Zeeland-West-Brabant District Court, Wilhelminapark 100, Tilburg.
What does a contact arrangement entail?
This arrangement determines the frequency and duration of contact with the non-custodial parent, such as weekly or holidays. Different from care arrangement, which divides upbringing. In co-parenting they overlap; in sole custody, contact prevails. Always priority: child's best interests, stability and development.
Included in parenting plan (mandatory for joint authority, art. 1:251 DCC). No agreement? Judge decides.
Legal basis
Based on Dutch Civil Code Book 1:
- Art. 1:377(1) DCC: Mutual right to contact, except in cases of serious harm to the child.
- Art. 1:377(2) DCC: Judge establishes on request of parent, child or Child Care and Protection Board.
- Art. 1:251 DCC: Parenting plan mandatory for joint authority.
- Art. 1:257a DCC: Adjustment in changed circumstances.
Types of contact arrangements
Overview of types:
| Type | Description | Example |
|---|---|---|
| Fixed contact | Predictable schedule | Every Friday through Sunday |
| Midweek | Extra on weekend | Wednesday until late evening |
| Holiday | Holiday division | Alternating, half holidays |
| Limited/stopped | In safety risk cases | Supervised or no contact |
Discover co-parenting for balanced division.
Drafting a contact arrangement in Tilburg
- Joint establishment: In parenting plan, preferably via mediation – cost-effective.
- Mediation: In case of disagreement, MfN mediator. Mandatory for court application.
- Via judge: Request at family judge Zeeland-West-Brabant District Court, Wilhelminapark 100. Hearing with parents/child (>12 yrs). Advice from experts or Safe at Home.
- Enforcing compliance: Penalty payment (art. 1:378 DCC) or adjustment.
Rights and obligations
- Contact right: For parents and child, child's best interests paramount.
- Cooperation: Custodial parent facilitates; other contributes to upbringing.
- Child heard: Art. 1:377a DCC.
- Exceptions: No contact in cases of violence, addiction or abuse (art. 1:377(1) DCC).
Practical examples Tilburg
Example 1: Mother blocks father post-divorce. Father litigates at Tilburg District Court: after evaluation, weekend contact with supervision.
Example 2: Co-parents alternate weekly; upon relocation, judge adjusts to 50/50 with Tilburg-specific transport rules.
Example 3: Teenager refuses. Judge respects wish but orders therapy for contact.
Flexibility is essential; rigidity backfires.
Frequently asked questions
Unilateral change possible?
No, consensus or judge (art. 1:257a DCC). Try mediation.
Child refuses contact?
Wish weighs heavily, but judge can order with support such as family guidance. Investigate causes.
Travel costs?
Usually non-custodial parent, but judge can split. Regulate in plan.
Grandparents' rights?
Possible via art. 1:377 DCC if in child's best interests; request mediation or judge.