Visitation Arrangement in Family Law in Amsterdam
A visitation arrangement is an agreement or court decision regarding contact between a child and the non-custodial parent (or other person). After divorce or dissolution of partnership, it ensures the maintenance of bonds with both parents. In the Netherlands, including Amsterdam, visitation is a fundamental child right.
What does a visitation arrangement entail?
This arrangement determines the frequency and duration of contact with the non-custodial parent, such as weekly, every other week or holidays. Unlike a care arrangement, which divides upbringing. In co-parenting, they overlap; in sole custody, visitation predominates. Always priority: child's best interests, stability and development.
It forms part of the parenting plan, mandatory in joint custody (art. 1:251 DCC). No agreement? The court decides.
Legal basis for visitation arrangement
Based on Dutch Civil Code Book 1:
- Art. 1:377(1) DCC: Mutual right and duty to visitation, except in cases of serious harm to the child.
- Art. 1:377(2) DCC: Court sets it upon request of parent, child or Child Care and Protection Board.
- Art. 1:251 DCC: Parenting plan with visitation mandatory in joint custody.
- Art. 1:257a DCC: Modification in changed circumstances.
Forms of visitation arrangements
Different types:
| Type | Description | Example |
|---|---|---|
| Fixed visitation | Predictable schedule | Weekend Fri-Sun |
| Midweek | In addition to weekend | Wednesday until evening |
| Vacation | Shared holidays | Half Christmas, alternating |
| Limited/stopped | In case of child risk | Supervised or no contact |
Discover co-parenting for balanced division.
Drafting a visitation arrangement in Amsterdam
- Mutual agreement: In parenting plan, via mediation (affordable, child-focused).
- Mediation: In disputes, MfN mediator. Mandatory court information.
- Court: File with family judge at Amsterdam District Court (Parnassusweg 220). Hearing parents/child (12+). Advice from youth judge/Safe at Home.
- Enforcement: Non-compliance? Penalty payment (art. 1:378 DCC) or modification.
Rights and obligations
- Visitation right: For parents and child, child's best interests first.
- Cooperation: Custodial parent facilitates; other contributes to upbringing.
- Child input: To be heard (art. 1:377a DCC).
- Exception: No visitation in cases of violence, addiction, abuse (art. 1:377(1)).
Practical cases Amsterdam
Case 1: Mother blocks father post-divorce. Father to Amsterdam District Court: after check, weekend visitation started supervised.
Case 2: Co-parenting weekly switch. Relocation? Court adjusts to 50/50 with transport.
Case 3: Teen refuses. Court respects wish, but mandates therapy for contact.
Flexibility crucial; rigidity fails.
FAQ
Unilateral change?
No, consensus or court in case of change (art. 1:257a). Mediation first.
Child refuses?
Wish carries significant weight, but court may order with support such as supervision. Investigate cause.
Travel costs?
Normally non-custodial, but court may split. Regulate in plan.
Grandparents visitation?
Possible via art. 1:377a DCC if in child's best interests, upon request at Amsterdam District Court.