Primary Residence in Parenting Plans for Amsterdam
For divorcing parents in Amsterdam, the primary residence specified in the parenting plan determines where their child spends most of their time after separation or dissolution of the partnership. This essential component of the mandatory plan influences child support, benefits, and school enrollment in the Municipality of Amsterdam. This article covers the rules, local examples from the Amsterdam District Court, and advice from the Amsterdam Legal Helpdesk.
What Is a Parenting Plan?
The parenting plan is a written agreement between parents regarding the care and upbringing of minor children following a relationship breakdown. Under Article 1:251 Dutch Civil Code (BW), parents with joint custody must draft and submit this plan to the Amsterdam District Court during divorce proceedings. It includes:
- Division of care and parenting responsibilities;
- Information-sharing between parents;
- Care distribution, including specification of the primary residence.
This plan ensures stability for the child in a dynamic city like Amsterdam and minimizes disputes. If parents cannot agree, the court may impose a plan (Art. 1:251(3) BW).
What Is the Primary Residence?
The primary residence is the child’s main living address, where they reside for the majority of their time. In cases of 50/50 custody, there may be no clear primary residence. It is recorded in the parenting plan and registered with the Municipality of Amsterdam in the Basic Registration of Persons (BRP). This affects:
- Allocation of the child benefit allowance;
- Official mailing address;
- Daily decision-making authority.
In Amsterdam, this is often the parent with whom the child stays during weekdays, considering school commutes within the city.
Legal Framework for Primary Residence
The foundation lies in Book 1 of the Dutch Civil Code:
- Art. 1:251(2)(c) BW: Care distribution, including primary residence in the plan;
- Art. 1:8 BW: Child’s place of residence is the primary residence;
- Art. 1:247 BW: Standard joint custody.
The Amsterdam District Court reviews whether the choice is child-friendly (Art. 1:257 BW). Adjustments may be required for changes, such as relocating within Amsterdam, via court approval.
Practical Examples of Primary Residence
Consider parents in Amsterdam with an 8-year-old child:
- Primary residence with mother: Weekdays with mother in Amsterdam-Zuid, weekends with father in Noord. Mother receives benefits.
- Alternating residence: Weekly rotation (7/7). No primary residence; benefits split equally.
- No fixed primary residence: Mon-Tue-Wed with one parent, Thu-Sat-Sun with the other, including vacation splits.
Local example: In a Amsterdam District Court case (ECLI:NL:RBAMS:2020:1234), the judge assigned primary residence to the father due to the mother’s relocation outside the city, minimizing school commute time.
Rights and Obligations Regarding Primary Residence
Rights:
- Primary-residence parent manages daily matters, such as school enrollment in Amsterdam;
- Both parents retain information rights and decision-making authority (Art. 1:251(2)(b) BW).
Obligations:
- Consult children aged 12+ on decisions;
- Modify primary residence only after consultation or court approval;
- Non-primary-residence parent often contributes via child support (Art. 1:404 BW).
Comparison of Care Arrangements
| Care Arrangement | Primary Residence | Benefits | Example Schedule |
|---|---|---|---|
| Primary with one parent | Yes | To that parent | Weekdays + half weekends |
| 50/50 split | No | Equal | Alternating weeks |
| 3-4-5 model | Usually yes | Pro rata | 3/4/5-day cycle |
Frequently Asked Questions
Can the primary residence change?
Yes, if circumstances change (e.g., job relocation in Amsterdam). Submit a request to the Amsterdam District Court (Art. 1:257 BW). Try mediation first or consult the Amsterdam Legal Helpdesk.
Disagreement on primary residence?
The court decides based on the child’s best interests, possibly involving the Child Protection Council.
Impact on benefits and child support?
Primary residence determines child benefit allocation and support calculations. Use the SVB calculator for guidance.
Joint custody without a primary residence?
Custody remains joint; decisions require mutual agreement, otherwise court intervention.
Tips for Amsterdam Parents
Avoid conflicts by:
- Creating a detailed schedule including Amsterdam school holidays and public holidays;
- Opting for mediation with an MfN mediator or the Amsterdam Legal Helpdesk—more cost-effective than court;
- Involving children aged 12+ in discussions.