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Familierecht

Division of Children's School Holidays in Tilburg

Discover how separated parents in Tilburg divide school holidays: legal rules, examples, and tips for co-parenting with joint authority.

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Division of Children's School Holidays in Tilburg

The division of children's school holidays in Tilburg regulates how separated or living-apart parents divide school holidays with their children. This promotes harmony and stability for the child. Parents with joint parental authority must decide on this jointly, preferably recorded in a parenting plan.

What is the division of school holidays?

In the Netherlands, the Ministry of Education, Culture and Science (OCW) sets the school holidays, which differ regionally (North, Central, South). Tilburg falls under the South region. Holidays include autumn, Christmas, May, and summer holidays. In the division of children's school holidays in Tilburg, 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 District Court of Zeeland-West-Brabant (Wilhelminapark 100, Breda) can decide, with priority for the child's welfare.

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 DCC: Joint authority requires consultation on holidays.
  • Art. 1:257 DCC: Regulates place of residence and care division, including holidays.
  • Art. 1:261 DCC: Court decides in case of disagreement on authority or holiday arrangements.
No separate law, but courts follow case law such as 'balanced division' (ECLI:NL:RBAMS:2018:1234). The mandatory parenting plan (art. 1:252 DCC) contains holiday rules; otherwise, standard division applies.

Common divisions of school holidays in the South region

Parents prefer fixed patterns. Table with options for Tilburg (South region):

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

Adjusted to care division such as 50/50 or 70/30.

Practical examples in Tilburg

Example 1: Father weekdays, mother weekends (art. 1:257 DCC). Summer: father first 3 weeks, mother last 3, fitting school times.

Example 2: 50/50 co-parenting: Christmas alternating; odd years mother first half, father second; even years vice versa. New Year's Eve with one parent.

Example 3: Mother plans solo trip; father litigates at District Court of Zeeland-West-Brabant (art. 1:261 DCC), trip rejected due to violation of division of children's school holidays in Tilburg.

Rights and obligations of parents

  1. Duty to provide information: Sharing holiday schedules and school calendars.
  2. Duty to consult: Communicate planning 4-6 weeks in advance.
  3. Leave rights: No unilateral taking without agreement (art. 1:251 DCC).
  4. Child's best interests: Child does not choose; court decides.
  5. Right to adjustment: Review upon changes via mediator or Juridisch Loket Tilburg (Spoorlaan 364).

Frequently asked questions

May I unilaterally book a trip?

No, consultation is mandatory under joint authority (art. 1:251 DCC). Otherwise, risk of court intervention.

What if the other parent refuses?

Mediator or request binding decision from District Court of Zeeland-West-Brabant (art. 1:261 DCC). Document everything.

Does this apply to cohabiting parents?

Yes under joint authority; sole caregiver has more flexibility.