Contact Arrangement in Family Law in Rotterdam
A contact arrangement is an agreement or court decision regarding contact between a child and the parent (or other person) who does not have daily care. After a divorce or dissolution of the partnership, this is crucial for maintaining bonds with both parents. In the Netherlands, including Rotterdam, the right to contact is a fundamental child right.
What does a contact arrangement entail?
The contact arrangement determines how often and how long a child sees the non-custodial parent, such as weekly, every other week or on holidays. It differs from the care arrangement, which regulates the division of care and upbringing. In co-parenting, they often overlap, but in sole custody, contact predominates. The child's best interests always come first: stability in relationships and development.
It forms part of the parenting plan, mandatory in divorce with joint authority (art. 1:251 CC). No agreement? The court intervenes.
Legal basis
Enshrined in Civil Code Book 1:
- Art. 1:377(1) CC: Mutual right and duty to contact, unless serious harm to the child.
- Art. 1:377(2) CC: Court sets arrangement at request of parent, child or Child Care and Protection Board.
- Art. 1:251 CC: Parenting plan with contact mandatory in joint authority.
- Art. 1:257a CC: Adjustment in changed circumstances.
Types of contact arrangements
Different forms:
| Type | Description | Example |
|---|---|---|
| Fixed contact | Predictable schedule | Every Friday to Sunday |
| Midweek contact | Extra on weekends | Wednesday afternoon to evening |
| Holiday contact | Shared holidays | Alternating, half holidays |
| Limited contact | In cases of risks | Supervised or no contact |
Discover co-parenting for balanced care.
Establishing a contact arrangement in Rotterdam
- Mutual agreement: In parenting plan, preferably via mediation.
- Mediation: In disputes, with MfN mediator. Mandatory information at court.
- Court: File request at Rotterdam District Court, Wilhelminaplein 100-125. Hearing with parents and child (from 12 years). Advice via family judge or Safe at Home.
- Enforcement: Penalty payment for non-compliance (art. 1:378 CC).
Free advice? Go to Juridisch Loket Rotterdam, Westblaak 180.
Rights and obligations
- Right to contact: For parents and child, child's best interests priority.
- Duty to cooperate: Custodial parent facilitates; other contributes to upbringing.
- Child heard: Art. 1:377a CC.
- Exceptions: No contact in cases of violence, addiction or abuse.
Practical examples Rotterdam
Example 1: Mother blocks contact after argument. Father litigates at Rotterdam District Court: after investigation, weekend contact with supervision.
Example 2: Co-parents alternate weekly. On relocation, court adjusts to 50/50 with transport.
Example 3: Teenager refuses. Court respects wish but orders therapy.
Flexibility is essential in Rotterdam cases.
Frequently asked questions
Can I change unilaterally?
No, consent or court (art. 1:257a CC). Try mediation.
Child refuses contact?
Wish weighs heavily, but court may order with support. Investigate causes.
Who pays travel costs?
Often non-custodial parent; court decides. Arrange in plan.
May grandparent demand contact?
Yes, possibly via art. 1:377c CC at court, child's best interests central.