Habitual Residence Jurisdiction in Family Law Delft

Habitual Residence Jurisdiction in Family Law for Delft Residents

For residents of Delft, habitual residence jurisdiction determines which court – often the District Court of The Hague – is competent in family law disputes such as divorces and child arrangements, especially in international cases. It concerns the location of your center of life. This principle from the Brussels IIb Regulation prevents 'forum shopping' and provides certainty for Delft residents.

What does habitual residence mean for Delft?

Habitual residence (habitual residence) is more than your address in the Municipality of Delft; it is where you sustainably live with your social, work, and family ties. The European Court applies a facts-based test: think of children's school in Delft, job at local companies, or family connections. Duration of stay matters, plus your intention to remain.

For children, the child's own habitual residence takes center stage, independent of parents – essential for custody or contact arrangements in the Delft region.

Legal Basis

This jurisdiction stems from Regulation (EU) 2019/1111 (Brussels IIb), in force since 1 August 2022 in the EU (excluding Denmark). Key articles:

• Article 3: For divorce, the court at the habitual residence of the spouse is competent.
• Articles 5-15: Child matters follow the child's habitual residence.
• Articles 22-24: Party agreements (prorogation) or forum non conveniens.

In the Netherlands, supplemented by the Dutch Code of Civil Procedure (Rv), art. 149 et seq. for domestic cases. For cross-border matters: Brussels IIb first. For Delft: District Court of The Hague.

How to determine habitual residence in Delft?

Courts look objectively at:

1. Duration and stability: Several months in Delft, without a hard cutoff.
2. Integration: Registration with the Municipality of Delft, school at Vrijlanden College, job at TU Delft.
3. Intention: Evidence such as deregistration from BRP, rental in the city center, or local bank account.

Table: Indicators for habitual residence in Delft

Jurisdiction of the District Court of The Hague for Delft

For international divorce (more on international divorce): if both live in the Netherlands (e.g., Delft), the District Court of The Hague is competent. One spouse elsewhere? Possibly a foreign court.

For children: Court at the child's habitual residence handles care and contact. Wrongful removal? Return under the Hague Child Abduction Convention.

Practical Examples from the Delft Region

Example 1: Delft Expats
Jan and Maria from Delft, 5 years with child in the Buitenhof neighborhood. Jan moves to Belgium for work; Maria and child stay. District Court of The Hague remains competent (art. 3 Brussels IIb, child in Delft).

Example 2: Strategic Move
Anna and Bob from Poland temporarily in Delft. Bob 'establishes' himself in Germany for divorce. Court checks: center with Anna and child in Delft? Then Dutch jurisdiction. Tricks fail.

Example 3: Commuting Child
Child alternates between Delft and Spain post-divorce. Habitual residence where most time is spent (school weeks in Delft), based on evidence.

Rights and Obligations for Delft Residents

Rights:

• Do not challenge jurisdiction lightly; seek advice from Juridisch Loket Delft.
• Parties can jointly choose a court (art. 22).
• Urgent cases: Provisional measures (art. 35).

Obligations:

• No child abduction (art. 8).
• Start proceedings at the correct court for recognition.
• Document with Delft records.

Frequently Asked Questions

Tips for Delft Residents

• Document thoroughly: Delft rental, school records, payslips for your habitual residence.
• Seek help: Start at Juridisch Loket Delft or family law attorney for jurisdiction check.
• Check BRP: Via Municipality of Delft for official status.