Parenting Plan and Visitation Arrangement in Tilburg
A parenting plan visitation is a mandatory document for parents in Tilburg upon divorce or dissolution of a registered partnership with minor children. It records agreements on the visitation arrangement, such as residence times with the non-custodial parent. This provides stability for the child and prevents disputes. In Tilburg, these matters are handled by the Zeeland-West-Brabant District Court, Wilhelminapark 100.
What does a parenting plan entail?
The parenting plan encourages parents in Tilburg to make their own arrangements for upbringing and care after a breakup. Pursuant to Article 1:247 DCC, parents with authority over children under 18 must create a plan including at least:
- Division of care and upbringing;
- Visitation arrangement;
- Information exchange and consultation on important decisions.
Child support may be included, but often separately. The plan does not need to be notarized, but must be practical. No agreement? The court imposes it (art. 1:251 DCC). The Legal Aid Office Tilburg, Spoorlaan 364 assists in drafting.
Visitation Arrangement within the Parenting Plan
The visitation arrangement safeguards the child's right to contact with both parents post-divorce. Article 1:377 DCC mandates visitation with the non-trusted parent, unless harmful.
In Tilburg, parents specify:
- Frequency and duration (e.g., alternating weekend from Friday to Sunday);
- Holidays/vacations (Christmas alternating, summer equally divided);
- Pick-up/drop-off rules;
- Review (annual evaluation).
Examples of Visitation Arrangements in Tilburg
For an 8-year-old child: first/third weekend with father, Wednesday until 19:00, half summer, alternating New Year's Eve. Young children start with day visits. In cross-border cases, the Hague Convention applies.
Legal Framework and Steps
Key rules in Book 1 DCC:
| Statutory Provision | Description |
|---|---|
| Art. 1:247 DCC | Obligation to create parenting plan |
| Art. 1:251 DCC | Court in case of disagreement |
| Art. 1:377-1:380 DCC | Visitation rights and obligations |
Without a plan, the Tilburg court suspends the proceedings. An approved plan has res judicata effect; changes via court.
Rights and Obligations regarding Visitation
Rights:
- Child's right to visitation with both parents (art. 1:377(1) DCC);
- Parents entitled to reasonable arrangement.
Obligations:
- Facilitate visitation, do not obstruct (art. 1:378 DCC);
- Non-compliance: penalty payment or criminal proceedings.
In Tilburg, mediation often first, then judicial measures.
Frequently Asked Questions
No agreement on parenting plan visitation in Tilburg?
Zeeland-West-Brabant District Court decides child-centered, possibly with Youth Judge or Child Protection Board. Try mediation via Legal Aid Office Tilburg.
Change visitation arrangement?
Yes, upon changes (relocation, work) via court (art. 1:253a DCC). Plan may include evaluations.
Domestic violence or addiction?
Visitation limited or supervised if harmful (art. 1:377(2) DCC). Safe at Home advises.
Registration of parenting plan?
No, not mandatory, but judicial approval is binding.