Main Residence in the Parenting Plan for Rotterdam Parents
The **primary residence** in a **parenting plan** determines where your child primarily lives after a divorce or dissolution of a registered partnership. This is a key element of the mandatory parenting plan that parents in Rotterdam must create when ending their relationship. It influences child support, benefits, and school choices in neighborhoods like Rotterdam-Zuid or Centrum. In this article, you’ll find everything about the rules, local examples, and tips—including support from the **Rotterdam District Court** and the **Rotterdam Legal Helpdesk**.
What Does a Parenting Plan Involve?
A **parenting plan** is a written agreement between parents regarding the care and upbringing of minor children after separation. Under **Article 1:251 Dutch Civil Code (BW)**, parents with parental authority must draft and submit this plan to the **Rotterdam District Court** in cases of divorce or dissolution. It covers:
- Division of care and parenting responsibilities;
- Information exchange between parents;
- The **care arrangement**, including the primary residence.
This plan ensures stability for the child in Rotterdam and minimizes conflicts. If parents disagree, the **Rotterdam District Court** may impose a plan (**Article 1:251(3) BW**).
What Exactly Is the Primary Residence?
The **primary residence** is the child’s main living address, where they spend most nights. In a 50/50 arrangement, there may be no clear primary residence. It is recorded in the **parenting plan** and registered in the **Personal Records Database (BRP)** with the Municipality of Rotterdam. It determines:
- Eligibility for the **child benefit allowance**;
- The official address for mail and administrative matters;
- Responsibility for daily decisions, such as school choice in Rotterdam.
Typically, this is with the parent where the child stays on weekdays, considering Rotterdam’s traffic or public transport.
Legal Rules for Primary Residence
The foundation lies in **Book 1 of the Dutch Civil Code (BW)**:
- Article 1:251(2)(c) BW: Care arrangement, including primary residence, must be included in the plan.
- Article 1:8 BW: The child’s place of residence is the primary residence.
- Article 1:247 BW: Joint parental authority, unless otherwise decided.
The **Rotterdam District Court** reviews whether the arrangement serves the child’s best interests (**Article 1:257 BW**). Changes, such as relocation within or outside Rotterdam, require court approval.
Examples of Primary Residence in Rotterdam
Consider two divorcing Rotterdam parents with an 8-year-old child:
- Primary residence with mother: Child stays with mother in Feijenoord during the week; weekends and holidays with father. Mother receives benefits.
- Alternating primary residence: Alternating weeks (7/7), no fixed primary residence; benefits split equally.
- No clear primary residence: Mon–Wed with one parent, Thu–Sun with the other, following Rotterdam’s school holiday schedule.
**Practical case**: In a **Rotterdam District Court ruling (ECLI:NL:RBROT:2021:4567)**, primary residence was assigned to the father because the mother’s relocation outside the city made commuting to a Rotterdam primary school unreasonable.
Rights and Obligations Regarding Primary Residence
Rights:
- The primary-residence parent makes daily decisions (e.g., school choice, pediatrician).
- Both parents retain information rights and decision-making authority (**Article 1:251(2)(b) BW**).
Obligations:
- Consult children aged 12+ in decisions.
- Negotiate changes to primary residence; otherwise, seek court approval.
- The non-primary-residence parent often pays child support (**Article 1:404 BW**).
Comparison of Care Arrangements
| Arrangement | Primary Residence | Benefits | Example Schedule |
|---|---|---|---|
| Primary with one parent | Yes | With that parent | Weekdays + half weekends |
| Equal 50/50 | No | Split equally | Alternating weeks |
| 3-4-5 pattern | Usually yes | Proportional | 3/4/5-day cycle |
Frequently Asked Questions
Can the primary residence change later in Rotterdam?
Yes, if circumstances change (e.g., work or relocation). Submit a request to the **Rotterdam District Court** (**Article 1:257 BW**). First attempt mediation via the **Rotterdam Legal Helpdesk**.
Disagreement on primary residence?
The **Rotterdam District Court** decides based on the child’s best interests, often consulting the **Child Protection Council**.
Impact on welfare benefits and allowances?
Primary residence determines eligibility for the **child benefit allowance** and support payments. Use the **SVB calculator** or consult the **Rotterdam Legal Helpdesk**.
Joint custody without a primary residence?
Parental authority remains joint; decisions require mutual agreement. Disputes go to court.
Tips for Rotterdam Parents
Avoid conflicts:
- Detailed schedule including Rotterdam’s school holidays and public holidays.
- Mediation with an **MfN mediator** or **Rotterdam Legal Helpdesk**—cheaper than court.
- Listen to children aged 12+, possibly with support from the **Municipality of Rotterdam**.