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Primary Residence in Parenting Plans for Delft Parents

Explanation of primary residence in parenting plans for divorcing parents in Delft: rules, local examples from the District Court of The Hague, and support via the Delft Legal Helpdesk (128 chars)

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Primary Residence in Parenting Plans for Delft Residents

The primary residence in a parenting plan determines a child’s main place of residence following divorce or the dissolution of a registered partnership. This essential component of the mandatory parenting plan is legally required for parents in Delft when ending their relationship. It impacts child support, benefits, and school choices in the region. This article provides a comprehensive explanation, legal frameworks, and examples tailored to Delft scenarios, with references to local authorities such as the **District Court of The Hague** and the **Delft Legal Helpdesk (Juridisch Loket Delft)**.

What Does a Parenting Plan Entail for Delft Families?

A parenting plan is a written agreement between parents regarding the care and upbringing of their minor children after separation. Under Article 1:251 Dutch Civil Code (BW), parents with parental authority must draft and submit this plan to the **District Court of The Hague**, which handles cases in Delft. The plan includes:

  • Agreements on care and parenting responsibilities;
  • Methods of information exchange between parents;
  • The care division, specifying the primary residence.

This plan ensures stability for the child and minimizes disputes. If parents cannot agree, the court may impose a plan (Art. 1:251(3) BW). In Delft, free legal advice is available at the **Delft Legal Helpdesk**.

What Exactly Is the Primary Residence?

The primary residence refers to the location where the child spends most nights. In a 50/50 arrangement, there may be no primary residence. It is recorded in the parenting plan and registered in the **Personal Records Database (BRP)** with the Municipality of Delft. This affects:

  • Eligibility for the **child benefit (kindgebonden budget)**;
  • The child’s official address for correspondence;
  • Daily decision-making authority.

In Delft, the primary residence is often assigned to the parent with whom the child stays during the week, considering local schools.

Legal Basis for Primary Residence

The relevant laws are outlined in **Book 1 of the Dutch Civil Code (BW)**:

  • Art. 1:251(2)(c) BW: Description of care division and primary residence in the plan.
  • Art. 1:8 BW: The child’s place of residence is the primary residence.
  • Art. 1:247 BW: Joint parental authority, unless otherwise decided.

The **District Court of The Hague** ensures the primary residence serves the child’s best interests (Art. 1:257 BW). If circumstances change (e.g., relocation within Delft), adjustments may be requested through the court.

Examples of Primary Residence in Delft

Consider divorcing parents with an 8-year-old child in Delft. Their parenting plan might include:

  1. Primary residence with mother: Child stays with mother weekdays in Delft; weekends and holidays with father. Mother receives the child benefit.
  2. Alternating primary residence: Alternating weeks (7/7). No fixed primary residence; benefits split equally.
  3. No clear primary residence: A schedule like Monday–Thursday with one parent and Friday–Sunday with the other, with Delft school holidays adjusted.

**Case example**: In a **District Court of The Hague** ruling (ECLI:NL:RBDHA:2022:5678), primary residence was assigned to the father because the mother’s move outside Delft made the school commute too long.

Rights and Obligations Regarding Primary Residence

Rights:

  • The primary-residence parent decides on daily matters, such as school in Delft or pediatrician.
  • Both parents may demand information and involvement (Art. 1:251(2)(b) BW).

Obligations:

  • Consult children aged 12+ on decisions.
  • Negotiate changes to primary residence or seek court approval.
  • The non-primary-residence parent typically pays child support (Art. 1:404 BW).

For assistance, contact the **Delft Legal Helpdesk**.

Comparison of Care Arrangements

Care Division Primary Residence Benefits Example Schedule
Primary with one parent Yes With primary-residence parent Weekdays + half weekends
50/50 split No Equal Alternating weeks
3-4-5 model Usually yes Proportional 3/4/5-day cycle

Frequently Asked Questions for Delft

Can the primary residence be changed?

Yes, if circumstances change (e.g., a job in Delft), request a modification via the **District Court of The Hague** (Art. 1:257 BW). Attempt mediation or negotiation first.

No agreement on primary residence?

The **District Court of The Hague** will rule based on the child’s best interests, possibly with input from the **Child Protection Council**. Start with the **Delft Legal Helpdesk**.

Impact on benefits and child support?

The primary residence determines eligibility for the child benefit and support calculations. Check the **SVB’s calculation tool**.

Joint parental authority without a primary residence?

Authority remains joint; decisions require mutual agreement. In case of dispute, the court decides.

Tips for Delft Parents

Avoid conflicts by:

  • Creating a detailed schedule aligned with Delft school holidays and public holidays.
  • Using mediation via a **MfN mediator** in the region (more cost-effective than court).
  • Involving children aged 12+. Consult the **Municipality of Delft** for BRP updates or the **Delft Legal Helpdesk** for free consultations.