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Familierecht

Division of Children's School Holidays in Amsterdam

Discover how separated parents in Amsterdam divide school holidays: legal basis, examples, and tips via Rechtbank Amsterdam and Juridisch Loket.

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Division of Children's School Holidays in Amsterdam

The division of children's school holidays in Amsterdam regulates how separated or living-apart parents divide school holidays with their children. This minimises conflicts and provides stability for the child. In cases of joint custody, parents decide jointly, ideally recorded in a parenting plan. In Amsterdam, parents can go to the Rechtbank Amsterdam, Parnassusweg 220, or the Juridisch Loket Amsterdam, Vijzelstraat 77 for free advice.

What is the division of school holidays?

In the Netherlands, the Ministry of OCW sets school holidays, which differ regionally (North, Central, South). Amsterdam falls under the Central region. Holidays include autumn, Christmas, May, and summer. For division of children's school holidays in Amsterdam, parents make arrangements, such as alternating or equally divided. This supports co-parenting with a focus on the child: stability, peace, and bond with both parents.

In case of disputes, a mediator or the Rechtbank Amsterdam can help. The child's best interests are central.

Legal basis in Amsterdam

The division of children's school holidays falls under family law in Book 1 of the Dutch Civil Code (BW):

  • Art. 1:251 BW: Joint custody requires consultation on holidays.
  • Art. 1:257 BW: Regulates main residence and care division, including holidays.
  • Art. 1:261 BW: Court decides in case of disagreement, possibly via Rechtbank Amsterdam.
No specific law, but case law such as 'balanced division' (e.g. ECLI:NL:RBAMS:2020:5678). The mandatory parenting plan (art. 1:252 BW) contains holiday arrangements.

Typical divisions of school holidays in the Amsterdam region

Parents in Amsterdam choose fixed patterns. Table with examples (Central region dates):

HolidayDuration (approx.)Option 1Option 2
Autumn holiday1 weekMon-Wed parent A, rest parent BAlternating annually
Christmas holiday2 weeksWeek 1 parent A, week 2 parent BTogether on Christmas Day
May holiday1 weekWith alternating parentEqually divided
Summer holiday6 weeks2 weeks A, 2 weeks B, 2 freeOdd year A starts, even B

Adapted to care division, such as 50/50.

Practical examples Amsterdam

Example 1: Father weekdays, mother weekends (art. 1:257 BW). Summer: father first 3 weeks, mother last 3 – no travel time during school period.

Example 2: 50/50 co-parenting: Christmas alternating, odd years mother first half, father second; even years vice versa. New Year's Eve with one parent.

Example 3: Mother books solo trip. Father goes to Rechtbank Amsterdam (art. 1:261 BW); court stops trip due to breach of division.

Rights and obligations of parents in Amsterdam

  1. Duty to provide information: Sharing holiday schedules.
  2. Duty to consult: 4-6 weeks in advance (case law).
  3. Leave right: No unilateral taking (art. 1:251 BW).
  4. Child's best interests: Court in dispute, focus on welfare.
  5. Adjustment: Via mediator or Rechtbank in case of changes.
Help via Juridisch Loket Amsterdam.

Frequently asked questions

Can I book unilaterally in Amsterdam?

No, consultation is mandatory (art. 1:251 BW). Otherwise risk of court prohibition via Rechtbank Amsterdam.

Other parent refuses?

Mediator or request binding arrangement at Rechtbank Amsterdam (art. 1:261 BW). Always in writing.

Applies to non-separated parents?

Yes in case of joint custody. Sole caregiver has more freedom.