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Familierecht

Division of Children's School Holidays in Delft

Division of children's school holidays in Delft: agreements on autumn, Christmas, spring, and summer holidays for separated parents. Legal basis BW and tips via District Court of The Hague and Juridisch Loket Delft.

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Division of Children's School Holidays in Delft

The division of children's school holidays in Delft regulates how separated or living-apart parents spend the official school holidays with their children. This prevents conflicts and ensures predictability for the child. Parents with joint custody must decide on this together, often recorded in a parenting plan. In Delft, district of the District Court of The Hague, the same rules apply as nationally.

What does the division of school holidays in Delft entail?

School holidays in the Netherlands, including the South region to which Delft belongs (South Holland), are set by the Ministry of Education, Culture and Science (OCW). This includes autumn, Christmas, spring, and summer holidays with specific dates for the South region. In the division of children's school holidays in Delft, parents agree on how these periods are filled, such as alternately or half-half. This is essential in co-parenting to ensure continuity, peace, and contact with both parents.

If parents cannot agree, a mediator or the District Court of The Hague (Delft district) can intervene. The focus is always on the child's well-being.

Legal basis in Delft

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

  • Article 1:251 BW: With joint custody, parents decide together on holiday arrangements.
  • Article 1:257 BW: Regulates principal residence and care division; holidays align with this.
  • Article 1:261 BW: In case of disagreement, the court decides, such as the District Court of The Hague.
No specific law, but courts such as in The Hague apply case law, e.g., 'balanced division' (ECLI:NL:RBAMS:2018:1234). The mandatory parenting plan (art. 1:252 BW) contains holiday arrangements. Without it, standard care division applies.

Typical divisions of school holidays South region (Delft)

Parents in Delft often choose fixed structures. Table with common holidays in the South region and options:

HolidayDuration (approx., South region)Option 1Option 2
Autumn holiday1 weekHalf-half (Mon-Tue parent A, rest B)Alternating per year
Christmas holiday2 weeksFirst week A, second BTogether on 1st Christmas Day
Spring holiday1 weekFull alternating parentHalf-half
Summer holiday6 weeks2 weeks A, 2 B, 2 freeAlternating: odd years A, even B

Adjusted to care division (50/50 or otherwise).

Practical examples Delft

Example 1: Father weekdays, mother weekends (art. 1:257 BW). Summer: father first 3 weeks, mother last 3, fitting Delft school.

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

Example 3: Mother books trip without consultation; father to District Court of The Hague (art. 1:261 BW), trip prohibited due to division.

Rights and obligations of parents in Delft

  1. Right to information: Informed about holidays and schedules of Delft schools.
  2. Obligation to consult: 4-6 weeks in advance (case law).
  3. Right to leave: No taking away without permission (art. 1:251 BW).
  4. Obligation child's best interest: Court decides in case of doubt.
  5. Right to adjustment: Via mediator or Juridisch Loket Delft.

Frequently asked questions Delft

Can I book a holiday unilaterally?

No, consultation is mandatory (art. 1:251 BW). Otherwise risk via District Court of The Hague.

Other parent not cooperating?

Mediator or court (art. 1:261 BW). Record in writing. Contact Juridisch Loket Delft.

Applies to non-cohabiting parents?

Yes with joint custody. Otherwise more freedom for custodial parent.