Primary Residence in the Parenting Plan for Tilburg Parents
The primary residence in a parenting plan determines the child’s main place of residence following divorce or the dissolution of a partnership. This essential component of the mandatory parenting plan is legally required for parents in Tilburg when ending their relationship. It impacts child support, benefits, and school choices in the region. This article explains the rules, local procedures, and practical examples relevant to Tilburg.
What Is a Parenting Plan?
A parenting plan is a written agreement between separated parents regarding the care and upbringing of minor children. Under Article 1:251 Dutch Civil Code (BW), parents with parental authority must submit this plan to the District Court of Zeeland-West-Brabant (Breda location) upon divorce. It includes:
- Division of care and parenting responsibilities;
- Information-sharing between parents;
- Care arrangement, specifying the primary residence.
This plan ensures stability for the child and minimizes disputes. If parents disagree, the court may intervene (Art. 1:251(3) BW). In Tilburg, the Juridisch Loket Tilburg offers free assistance in drafting the plan.
Meaning of 'Primary Residence'
The primary residence is the official address where the child primarily resides, recorded in the parenting plan and the BRP (Personal Records Database) with the Municipality of Tilburg. In cases of equal 50/50 custody, a primary residence is often undefined. It determines:
- Eligibility for the child benefit allowance;
- Official mailing address for correspondence;
- Daily decision-making authority.
Typically, this is the parent with whom the child stays during weekdays, aligning with Tilburg’s school schedules.
Legal Framework for Primary Residence
Based on Book 1 of the Dutch Civil Code:
- Art. 1:251(2)(c) BW: Care arrangement, including primary residence, must be included in the plan;
- Art. 1:8 BW: The child’s legal residence = primary residence;
- Art. 1:247 BW: Default joint parental authority.
The District Court of Zeeland-West-Brabant ensures the child’s best interests are prioritized (Art. 1:257 BW). Changes, such as relocations within Tilburg, may require court approval.
Practical Examples of Primary Residence
Consider parents in Tilburg with an 8-year-old child:
- Primary residence with mother: Weekdays with mother in Tilburg-South, weekends with father. Mother receives benefits.
- Alternating residence: Weekly alternation (7/7). No primary residence; benefits split equally.
- No fixed primary residence: Mon-Wed-Fri with one parent, Thu-Sat-Sun with the other, plus a vacation schedule.
Case example: In a ruling by the District Court of Zeeland-West-Brabant (Breda, ECLI:NL:RBZWB:2021:5678), primary residence was assigned to the father because the mother’s relocation outside Tilburg extended school commutes.
Rights and Obligations Regarding Primary Residence
Rights:
- The primary-residence parent manages daily matters, such as school enrollment in Tilburg;
- Both parents must consult and exchange information (Art. 1:251(2)(b) BW).
Obligations:
- Include children aged 12+ in decisions;
- Consult before changes; otherwise, court intervention may be required;
- The non-primary-residence parent contributes via child support payments (Art. 1:404 BW).
Comparison of Care Arrangements
| Care Arrangement | Primary Residence | Benefits | Example Schedule |
|---|---|---|---|
| Primary with one parent | Yes | Assigned to that parent | Weekdays + half weekends |
| Equal 50/50 | No | Split equally | Alternating weeks |
| 3-4-5 model | Often yes | Pro-rated | 3/4/5-day cycle |
Frequently Asked Questions
Can the primary residence change?
Yes, if circumstances change (e.g., job relocation). Submit a request to the District Court of Zeeland-West-Brabant. Start with negotiation or mediation via Juridisch Loket Tilburg (Art. 1:257 BW).
No agreement on primary residence?
The court decides based on the child’s best interests, possibly involving the Child Protection Council.
Impact on welfare and benefits?
The primary residence determines eligibility for the child benefit allowance and child support calculations. Check the SVB (Social Insurance Bank) calculator.
Joint custody without a primary residence?
Parental authority remains shared; decisions require mutual agreement, with the court resolving disputes.
Tips for Tilburg Parents
Avoid conflicts by:
- Planning details around Tilburg’s school holidays and public holidays;
- Opting for mediation with an MfN mediator or Juridisch Loket Tilburg (cheaper than court);
- Including children aged 12+ in discussions; consult the Municipality of Tilburg for BRP updates.