Parenting Plan and Visitation Arrangement in Delft
A parenting plan visitation is a mandatory document for parents in Delft upon divorce or dissolution of a registered partnership with minor children. It records agreements on the visitation arrangement, such as residence with the non-custodial parent. This provides stability for the child and prevents disputes. In Delft, you can go to the District Court of The Hague (district) or the Juridisch Loket Delft for help.
What does a parenting plan entail?
The parenting plan, introduced to encourage parents to decide themselves on upbringing and care after a breakup, is mandatory under Article 1:247 CC for parents with parental authority over children under 18. It must contain at least:
- Division of care and upbringing;
- Visitation arrangement;
- Information exchange and consultation on important decisions.
Child support can be optional, but often separate. The plan does not need to be notarized, but must be practical. No agreement? The court decides (art. 1:251 CC). In Delft, the Juridisch Loket advises on drafting.
Visitation Arrangement within the Plan
The visitation arrangement safeguards the child's right to contact with both parents post-divorce, as laid down in art. 1:377 CC – unless harmful to the child.
Parents in Delft typically specify:
- Frequency and duration (e.g., alternating weekends);
- Holidays/vacations (Christmas alternating, summer equally divided);
- Transport (agreement on pick-up/drop-off);
- Review (annual evaluation).
Examples of Visitation Arrangements in Delft
For an 8-year-old child after divorce: first/third weekend with father, Wednesday evening until 19:00, half summer and alternating New Year's Eve. For young children: gradual build-up. In cross-border cases, the Hague Convention on Visitation applies.
Legal Framework and Steps
Key rules in Book 1 CC:
| Statutory Provision | Description |
|---|---|
| Art. 1:247 CC | Obligation to submit parenting plan |
| Art. 1:251 CC | Court in case of disagreement |
| Art. 1:377-1:380 CC | Visitation right and duty |
In divorce in Delft: no plan submitted? Court holds up proceedings. Approved plan has res judicata effect; modification via District Court of The Hague.
Rights and Obligations regarding Visitation
Rights:
- Child: visitation with both parents (art. 1:377(1) CC);
- Parents: demand reasonable arrangement.
Obligations:
- Facilitate, do not obstruct (art. 1:378 CC);
- Non-compliance: visitation suspension or criminal proceedings.
Practice: mediation or penalty payment via court. Juridisch Loket Delft helps in escalation.
Frequently Asked Questions
No agreement on parenting plan visitation in Delft?
Court (District Court of The Hague) establishes plan based on child's best interests, after hearing and possibly Child Protection Board or Youth Care Council. Try mediation first via Juridisch Loket Delft.
Change visitation arrangement?
Yes, in case of change (relocation, work) via court (art. 1:253a CC). Plan may have its own evaluations.
In case of violence or addiction?
Limited/supervised visitation if required by child's best interests (art. 1:377(2) CC). Court consults Safe at Home; District Court of The Hague handles.
Registration of parenting plan?
No, not mandatory. But submit in divorce proceedings for approval.