Parenting Plan and Contact Arrangement in Amsterdam
A parenting plan contact is a mandatory document for parents in case of divorce or dissolution of a registered partnership with minor children. It records agreements on the contact arrangement, such as residence with the non-custodial parent. This provides stability for the child and prevents disputes. In Amsterdam, the Amsterdam District Court (Parnassusweg 220) handles these cases.
What is a parenting plan?
The parenting plan encourages parents to decide themselves on upbringing and care after a separation. According to Article 1:247 of the Dutch Civil Code, parents with parental authority over children under 18 must draw up a plan including:
- Division of care and upbringing;
- Contact arrangement;
- Exchange of information and consultation on important decisions.
Child support may be included, but is often separate. The plan does not need to be notarised, but must be feasible. No agreement? The court imposes it (art. 1:251 Dutch Civil Code). In Amsterdam, you can get free advice from the Amsterdam Legal Aid Office (Vijzelstraat 77).
Contact Arrangement in the Parenting Plan
The contact arrangement safeguards the child's right to contact with both parents. Article 1:377 Dutch Civil Code provides for contact with the non-primary caregiver, unless harmful.
Parents arrange:
- Frequency and duration (e.g., alternating weekends);
- Holidays and vacations (e.g., Christmas alternating, summer split);
- Handover (e.g., school as midpoint);
- Review (e.g., evaluate annually).
Examples of Contact Arrangements in Amsterdam
For an 8-year-old child: first and third weekend with father, Wednesday until 19:00, half summer and alternating New Year's Eve. For young children: build-up with day visits before overnights. For expats in Amsterdam, the Hague Contact Convention sometimes applies.
Legal Basis
Book 1 of the Dutch Civil Code regulates this:
| Statutory Provision | Description |
|---|---|
| Art. 1:247 Dutch Civil Code | Obligation to draw up parenting plan |
| Art. 1:251 Dutch Civil Code | Court in case of disagreement |
| Art. 1:377-1:380 Dutch Civil Code | Contact rights and obligations |
Without a plan, the Amsterdam District Court suspends the proceedings. An approved plan has res judicata effect; changes via the court.
Rights and Obligations
Rights:
- Child's right to contact (art. 1:377(1) Dutch Civil Code);
- Demand a reasonable arrangement.
Obligations:
- Facilitate contact (art. 1:378 Dutch Civil Code);
- In case of non-compliance: penalty payment or criminal proceedings.
In Amsterdam, mediation is often required first, via the Legal Aid Office or court.
Frequently Asked Questions
No agreement on parenting plan contact?
The Amsterdam District Court decides based on the child's best interests, after a hearing or with the Youth Judge/Child Protection Board. Try mediation at the Amsterdam Legal Aid Office.
Change contact arrangement?
Yes, in case of change (relocation, work) via the court (art. 1:253a Dutch Civil Code). The plan may include evaluations.
In case of violence or addiction?
Limited/supervised contact if necessary (art. 1:377(2) Dutch Civil Code). Safe at Home Amsterdam advises.
Registration of parenting plan?
No, not mandatory, but court approval makes it binding.