Child Residence Arrangement
A child residence arrangement is an agreement or court order determining with which parent(s) a child primarily resides following divorce or the dissolution of a partnership. This arrangement focuses on the child’s daily living situation—where they sleep, eat, and attend school—and complements parental authority to ensure the child maintains meaningful contact with both parents. It is crucial for the child’s stability and well-being.
What Exactly Is a Child Residence Arrangement?
Under Dutch family law, the child residence arrangement plays a central role for separated parents. It defines the practical aspects of where the child lives, eats, and goes to school. Unlike parental authority, which remains with both parents unless otherwise decided, the residence arrangement specifies the child’s primary residence. This can be with one parent (primary residence) or alternating between both (joint custody). The arrangement must always serve the child’s best interests, as outlined in the UN Convention on the Rights of the Child and Dutch law.
Parents often establish a parenting plan through a private agreement. If they cannot agree, the court decides. Importantly, the arrangement is flexible and can be adjusted later due to changed circumstances, 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: Defines the child’s primary residence; the court assigns 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-focused ruling).
These articles ensure the arrangement is child-centered. The Dutch Supreme Court (Hoge Raad) emphasizes in rulings (e.g., ECLI:NL:HR:2018:1234) that alternating residence is possible if both parents are suitable and the child benefits from it.
Types of Child Residence Arrangements
There are several forms of a child residence arrangement, depending on the situation. Below is an overview:
| Type | Description | Advantages | Disadvantages |
|---|---|---|---|
| Primary residence with one parent | The child primarily lives with one parent; the other parent has visitation rights (e.g., weekends). | Stability, clear routine. | Less equal contact with both parents. |
| Alternating residence (joint custody) | The child alternates between both parents (e.g., week-to-week). | Equal contact, shared responsibility. | Logistically complex, potentially stressful for the child. |
| Hybrid model | A combination, e.g., weekdays with mother, weekends with father. | Adaptable to schedules. | May lead to disputes over fairness. |
Joint custody has become more popular; see our article on joint custody for further details.
How to Establish a Child Residence Arrangement
- Mutual agreement: Through a parenting plan via mediation. This is free via the Legal Help Desk (*Juridisch Loket*) or paid with a private 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 emergency procedure is possible in crises.
- Modification: Via a petition if circumstances change (Art. 1:258 BW).
Example: The father wants to move to Amsterdam, while the mother stays in Rotterdam. The court adjusts the arrangement to include more weekends with the mother.
Rights and Obligations in a Child Residence Arrangement
Parental Rights:
- Both parents retain parental authority.
- Right to information about the child (school, health).
- The primary-residence parent makes daily decisions but must consult the other.
Parental Obligations:
- Prioritize the child’s interests (Art. 1:247 BW).
- Facilitate visitation, even during conflicts.
- Share costs proportionally to financial means (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 choose a week-to-week split: Monday–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 because she is a primary caregiver. David has visitation: Friday–Sunday and two weeknights. If Carla’s child is sick, she calls David immediately.
Example 3: Conflicts escalate; the court assigns primary residence to the mother after an investigation by the Child Protection Council (*Raad voor de Kinderbescherming*), with supervised visitation for the father.
These examples illustrate that customization is key.
Frequently Asked Questions About Child Residence Arrangements
Can a child residence arrangement be unilaterally changed?
No, changes require negotiation or court approval 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’s opinion is heard (Art. 1:255 BW). The court weighs this heavily but decides based on the child’s best interests.
Does a new partner affect the residence arrangement?
A new partner cannot unilaterally alter the arrangement. Parents remain primarily responsible; changes are only possible if there is a demonstrated need.
What does a court procedure for a residence arrangement cost?
Court fees: €86 (2024), plus legal fees (€100–300/hour). Pro bono assistance may be available through subsidized legal aid.
Tips and Recommendations for Parents
- Communicate openly: Use apps like *OnzeKinderen* for scheduling.
- Involve the child: Discuss openly at their level; avoid speaking negatively about the other parent.
- Create a detailed plan: Including holidays, special occasions, and transportation.
- Seek help early: A mediator or lawyer can prevent escalation.
- Document everything: For evidence in disputes.
Related topics: Parental Authority, Child Support, Joint Custody.
At Arslan Advocaten, we’re happy to provide personalized advice on your child residence arrangement. Contact us today.