Visitation Arrangement in Family Law in Delft
A visitation arrangement is an agreement or court decision regarding contact between a child and the parent (or other person) without daily care. After divorce or dissolution of partnership, this ensures maintenance of bonds with both parents. In the Netherlands, visitation is a fundamental child right, locally applicable via District Court The Hague (district Delft).
What does a visitation arrangement entail?
The visitation arrangement determines the frequency and duration of contact with the non-custodial parent, such as weekly, every other week, or holidays. Unlike a care arrangement, which divides upbringing. In co-parenting, they overlap; in sole custody, visitation takes precedence. Always child's best interest first: stable relationships and development.
It is part of the mandatory parenting plan in joint custody (art. 1:251 DCC). No agreement? Court decides.
Legal basis
Based on Dutch Civil Code Book 1:
- Art. 1:377(1) DCC: Mutual right to visitation, except in cases of serious harm to the child.
- Art. 1:377(2) DCC: Court establishes on request of parent, child, or Child Care and Protection Board.
- Art. 1:251 DCC: Parenting plan mandatory in joint custody.
- Art. 1:257a DCC: Adjustment in changed circumstances.
Types of visitation arrangements
Different forms:
| Type | Description | Example |
|---|---|---|
| Fixed visitation | Predictable schedule | Every Friday to Sunday |
| Midweek | Extra on weekend | Wednesday afternoon/evening |
| Vacation | Shared vacations | Alternating, half holidays |
| Limited/stopped | In case of risk to child | Supervised or no visitation |
Discover co-parenting Delft for balanced care.
Drafting a visitation arrangement in Delft
- Arrange together: In parenting plan, preferably via mediation (affordable, child-focused).
- Mediation: In case of disagreement, MfN mediator. Mandatory prior to court application.
- Court: Request to family judge District Court The Hague (location Delft). Hearing of parents/child (from 12 years). Advice from youth judge or Safe at Home.
- Enforcement: Penalty payment for non-compliance (art. 1:378 DCC).
Rights and obligations
- Right to visitation: For parents and child, child's best interest central.
- Cooperation: Custodial parent facilitates; other contributes to upbringing.
- Child heard: From certain age (art. 1:377a DCC).
- Exceptions: No visitation in cases of violence, addiction, abuse.
Practical examples Delft
Example 1: Mother blocks father post-divorce. Father litigates at District Court The Hague: weekend visitation after investigation, supervised start.
Example 2: Co-parents alternate weekly. Relocation? Court adjusts to 50/50 with transport.
Example 3: Teenager refuses. Court respects wish, but orders therapy.
Flexibility crucial in Delft region.
Frequently asked questions
Unilateral change?
No, both parents agree or court (art. 1:257a DCC). Try mediation.
Child refuses?
Wish carries significant weight, but court may order with support. Investigate causes.
Travel costs?
Usually non-custodial, but negotiate or court divides.
Grandparents visitation?
Possible via art. 1:377a DCC, if in child's best interest. Ask Juridisch Loket Delft.