Parenting Plan: Primary Residence
The **primary residence** in a **parenting plan** determines where your child primarily lives following a divorce or dissolution of a registered partnership. This is crucial for daily care, school selection, benefits, and cost distribution. This article explains the role of the primary residence within the parenting plan.
What Is a Parenting Plan?
A **parenting plan** is a written agreement between parents regarding the upbringing and care of their minor children (under 18) after separation or dissolution of the partnership. It is legally required and must be submitted to the court as part of the divorce proceedings. The plan includes arrangements for the **primary residence**, division of care responsibilities, cost-sharing, information exchange, and decisions on major matters such as education and medical care.
The parenting plan provides clarity and stability for the child. Parents with joint parental authority must draft the plan together. If they cannot agree, the court may impose a plan.
What Does Primary Residence Mean?
The **primary residence** is the child’s main place of residence, where they spend most nights per year (typically over 50%, or more than 182 days). This determines:
- Which parent registers the child with the municipality (primary residence parent).
- Eligibility for child benefits and child allowances (paid to the primary residence parent).
- School enrollment and practical matters such as GP registration and sports clubs.
- The legal address for correspondence and procedures.
The primary residence differs from a shared parenting arrangement, where the child spends equal time with both parents.
Legal Basis of Parenting Plans and Primary Residence
The legal framework is found in **Book 1 of the Dutch Civil Code (Burgerlijk Wetboek):**
- Article 1:251(2) BW: Parents with joint authority must draft a parenting plan and submit it to the court.
- Article 1:253 BW: Governs the primary residence and the child’s living arrangements with parents.
- Article 1:247 BW: Emphasizes parental authority and the child’s best interests.
The court assesses the plan based on the **child’s best interests** (Art. 1:247 BW). In case of dispute, the court may designate the primary residence (Art. 1:253a BW for modifications).
The Primary Residence in the Parenting Plan
The parenting plan should specify:
- The primary residence location (with which parent).
- The visitation schedule (days and holidays).
- Transfer arrangements (who picks up/drops off).
- Flexibility for adjustments.
The plan must be realistic, considering work, school, and the child’s age. For young children (<4 years), the court often assigns a single primary residence to the primary caregiver.
Practical Examples
Example 1: Mother has primary residence; child stays with mother weekdays and with father weekends. Mother receives child benefits and maintenance.
Example 2: 50/50 arrangement without a clear primary residence. The Tax Authority may designate the lower-earning parent as the fictitious primary residence for benefits, potentially causing disputes.
Example 3: Father relocates to another city. Parents adjust the plan via an amendment agreement, keeping primary residence with mother.
Rights and Obligations Regarding Primary Residence
Rights of the Primary Residence Parent:
- Register the child with the municipality and enroll in school.
- Receive benefits (child allowance, child benefit).
- Make decisions on daily matters.
Obligations:
- Inform the other parent about important matters (illness, school).
- Facilitate visitation rights.
- Share costs as per the plan.
Both parents retain **joint decision-making authority** over major issues (Art. 1:251(2) BW).
Comparison of Residence Arrangements
| Arrangement | Primary Residence | Benefits | Advantages | Disadvantages |
|---|---|---|---|---|
| Primary residence with one parent (70/30) | Yes, clear | To primary residence parent | Stability for child | Less equal distribution |
| Shared parenting (50/50) | Not always | Split or fictitious | Equal involvement | Logistically complex |
| Alternating without primary residence | No | Problematic | Flexible | Administrative burden |
This article expands on Primary Residence of the Child. Related topics: Parental Authority and Child Maintenance.
Frequently Asked Questions
Can the primary residence be changed later?
Yes, via a joint request to the court (Art. 1:253a BW) or a notarial deed. The child’s best interests prevail; changes may occur due to relocation or conflict.
What if parents cannot agree on primary residence?
The court decides based on the child’s best interests, often considering the current situation and reports from Veilig Thuis (Safe at Home) or a family law mediator.
Impact on child maintenance?
Yes, the primary residence affects maintenance calculations (Tremanorm standards). The primary residence parent bears more care costs, while the other pays spousal maintenance.
What about international primary residence?
Complicated under the Brussels II-bis Regulation. Consult a family law attorney.
Tips and Recommendations
- Draft the parenting plan with a mediator for neutrality.
- Create a calendar outlining residence schedules for clarity.
- Test the arrangement for 3 months to assess feasibility.
- Document all agreements in case of disputes (emails, messages).
- Use the Child Maintenance Calculator by the Dutch government.
- For tailored advice, contact Arslan Advocaten.
A well-structured parenting plan with a clear primary residence prevents future disputes. Seek expert help if needed.
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