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 as much contact as possible with both parents. 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 (convenant) that 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 governed by 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 (Hoge Raad) 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 contact (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?
- Agree mutually: Through a parenting plan via mediation. This is free via the Legal Services Counter (Juridisch Loket) 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: Father wants to move to Amsterdam, 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 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-off 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 contact: Friday to Sunday and two evenings during the week. If the child is ill, Carla contacts David immediately.
Example 3: Conflicts escalate; the court assigns primary residence to the mother after an investigation by the Child Protection Board (Raad voor de Kinderbescherming), with supervised contact for the father.
These examples show that tailored solutions are crucial.
Frequently Asked Questions About Child Residence Arrangements
Can the child residence arrangement be changed unilaterally?
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 (Art. 1:255 BW). The court weighs this heavily but decides in the child’s best interests.
Does a new partner influence the child residence arrangement?
A new partner cannot simply decide. Parents remain primarily responsible; changes are only made if there is a demonstrable need.
What are the costs of a procedure regarding a child residence arrangement?
Court fees are €86 (2024), plus attorney fees (€100-300/hour). Legal aid (pro deo) is available for those with limited means.
Tips and Recommendations for Parents
- Communicate openly: Use apps like OnzeKinderen for schedules.
- Involve the child: Talk at their level, without disparaging the other parent.
- Create a detailed plan: Include holidays, special occasions, and transportation.
- Seek help early: A mediator or attorney 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 Questions
Where can I get help in Tilburg with creating a child residence arrangement?
In Tilburg, you can get free assistance from the Legal Services Counter Tilburg (part of the court) or through a mediator (e.g., via Mediation Centers Tilburg). For legal advice, you can also contact a family law attorney in Tilburg, such as a NOVIB attorney or an independent specialist. The Youth and Family Shop Tilburg also offers support for parenting questions.
What is the difference between primary residence with one parent and alternating residence (co-parenting)?
With primary residence, the child lives mainly with one parent (e.g., the mother) and has contact with the other parent (e.g., every weekend). With alternating residence (co-parenting), the child regularly switches between both parents (e.g., week on/week off). The court chooses what best serves the child’s interests. Co-parenting is possible if both parents are involved and suitable.
How can I modify the child residence arrangement if my ex-partner moves or my work hours change?
You can file a petition for modification with the Family Court in Tilburg (Art. 1:258 BW). This can be done through your attorney or independently with help from the Legal Services Counter. The court assesses whether the change is in the child’s best interests. In urgent situations (e.g., relocation), you can request an expedited procedure.
Should my child have a say in the child residence arrangement? From what age?
Yes, the child has the right to be heard (Art. 1:247 BW). From age 12, the court usually hears the child personally, but younger children can also be involved. In Tilburg, this can be done through a conversation with a family court judge or a specialized interviewer (e.g., at the Youth Bureau Tilburg). The child cannot decide alone, but their opinion carries significant weight.
What are the costs of having a child residence arrangement established by the court in Tilburg?
Costs vary: mediation ranges from €150–€300 per session (subsidies may be available). A court procedure can cost €1,000–€3,000+, depending on complexity. In urgent cases (e.g., child at risk), costs are often covered by the judiciary. The Legal Services Counter offers free initial assistance. For low-income individuals, the pro deo scheme (cost reduction) applies.
What if my ex-partner does not comply with the child residence arrangement (e.g., refuses contact)?
You can request a penalty or enforcement measure from the court (Art. 1:260 BW). In Tilburg, you can report this to the Family Court or through your attorney. The court can impose a fine or temporarily suspend contact rights. In serious violations (e.g., child abduction), you can file a police report and initiate an emergency procedure.
Can I find a free sample parenting plan for a child residence arrangement in Tilburg?
Yes, the Legal Services Counter Tilburg and the court provide standard templates for parenting plans. Organizations such as Parents and Divorce (www.oudersenscheiding.nl) and Mediation Centers Tilburg also share examples. Note: a sample is not a legally binding document—an official arrangement requires a covenant or court ruling.
Summary (TL;DR)
A child residence arrangement in Tilburg determines where a child lives after a separation, with the goal of ensuring stability and the child’s best interests. Parents can arrange this themselves through mediation or an attorney, but if they cannot agree, the court will decide. There are different models (primary residence with one parent or alternating residence), and the arrangement can be adjusted later. Local organizations such as the Legal Services Counter and mediation centers offer assistance.
Key Points
- The child residence arrangement must always be child-focused (Art. 1:247 BW), so the court chooses what is best for the child—not what the parents want. In Tilburg, you can get free help from the Legal Services Counter or mediation, but a court procedure is more expensive.
- Alternating residence (co-parenting) is possible if both parents are involved and suitable, but it requires good coordination. Primary residence with one parent offers stability but may result in less contact with the other parent.
- The arrangement is not final: if circumstances change (relocation, work, conflict), you can file a modification request with the court. In case of non-compliance (e.g., refusal of contact), you can request enforcement measures.
- In Tilburg, the Youth Bureau and family court judges play a role in involving the child in the process, especially from age 12. For financial assistance with costs, the pro deo scheme is available for low-income individuals.
- A parenting plan (covenant) is non-binding until ratified by the court. Without an official arrangement, you may face issues with modifications or disputes later.