Division of Care Tasks Upon Divorce in Rotterdam
In Rotterdam, the division of care tasks regulates how parents divide the daily upbringing and care for their children after a divorce or dissolution of a registered partnership. This forms a crucial part of the parenting plan, in which parents make concrete agreements about their parental roles. It always prioritizes the child's best interests and ensures a safe, familiar living environment suited to vibrant Rotterdam family life.
What does the division of care tasks entail?
This division covers practical matters such as school drop-offs and pick-ups in Rotterdam (e.g., primary schools in IJsselmonde or Kralingen), cooking, homework help, doctor visits, and sports club activities along the Maas. It differs from the principal residence, which determines where the child primarily stays. Ideally, parents draw up their own plan, which has been mandatory since 2009 for divorces. If they cannot agree, the Rotterdam District Court decides.
The schedule must be flexible, taking into account the child's age, the Rotterdam school calendar, parents' work schedules in the port or port office, and their relationship with the child. No one-size-fits-all solution, but tailored arrangements that maximize contact with both parents.
Legal basis
The rules are laid down in Civil Code Book 1 (BW Book 1):
- Article 1:247 BW: Joint parental authority over care and upbringing.
- Article 1:251 BW: Parenting plan mandatory upon divorce, including care division.
- Article 1:257 BW: Court decides in case of disagreement, placing the child's best interests at the center – at the Rotterdam District Court.
- Article 1:253 BW: Principal residence as part of care arrangements.
Different care models
In Rotterdam divorces, parents use various models depending on logistics and the child's needs. Comparison:
| Model | Description | Advantages | Disadvantages |
|---|---|---|---|
| 50/50 division (co-parenting) | Child alternates equally, e.g., week on week or 3-4 days, ideal for nearby neighborhoods like Rotterdam-South and Centrum. | Equal bond with both parents; fair. | Challenging due to Rotterdam traffic; less suitable for toddlers. |
| Weekend arrangement | Weekdays with one parent, weekends and holidays with the other. | Stable school routine; straightforward. | Less daily interaction. |
| Flexible model | Tailor-made, e.g., Mon-Wed with father in Feijenoord, Thu-Fri with mother in Ommoord. | Fits work and school schedules; child-friendly. | Requires good coordination. |
| Principal residence with visitation | Primarily with one parent, fixed days with the other. | Predictability. | Risk of emotional distance. |
Recent rulings from the Rotterdam District Court (2023) favor equal models for capable parents.
Rights and obligations of parents and children
Parents' rights:
- Access to information on school performance or health from Rotterdam institutions.
- Visitation rights, unless harmful to the child.
- Put the child first.
- Share updates on child-related matters.
- Avoid negative comments about each other.
- Honor agreements and review them in case of changes (e.g., relocation within Rotterdam).
Child's rights: The CRC (arts. 9, 12) guarantees contact and the right to be heard from age 12. Through a child interview at the Rotterdam District Court, the child can have a say.
Rotterdam practice examples
Example 1: Parents in Rotterdam-North and -South divorce with children (8 and 12). 50/50: Mon-Wed with father, Thu-Sun with mother. Holidays rotate – works well due to short distances.
Example 2: Mother has principal residence due to father's port job. Father gets Wednesday, weekends, and half of holidays. In a relocation dispute: Rotterdam District Court adjusts due to school in Charlois.
Example 3: With father's alcohol issues: Judge limits contact with supervision via local services.
Flexibility is key. Around 70% (CBS 2023) resolve it amicably.
Frequently asked questions
Can the care division be adjusted later?
Yes, in case of changes (new job, health issues). Via mediation or application to the Rotterdam District Court (art. 1:258 BW). Provide evidence of the child's best interests. Start at the Rotterdam Legal Aid Office.
No agreement? What then?
The Rotterdam District Court decides after mandatory mediation (Act Promoting Continued Parenthood). Consult a family law attorney or the Municipality of Rotterdam for assistance.
Impact on child benefit?
Yes, the principal residence parent receives it. 50/50: split via SVB. See child benefit after divorce.
International relocation?
Court permission required (art. 1:253c BW). Without it, it's an offense. Contact the Rotterdam Legal Aid Office for advice.