Division of Care Responsibilities Upon Divorce in Delft
For parents in Delft, the division of care responsibilities after a divorce or dissolution of a registered partnership determines how the daily care and upbringing of children is arranged. This forms a crucial part of the parenting plan, in which agreements are made on the practical fulfillment of parental duties. The child's best interests are always central, with a focus on a safe and stable living environment for children in Delft.
What does the division of care responsibilities mean for parents in Delft?
This division covers daily responsibilities such as school drop-offs and pick-ups in Delft (e.g., primary schools in the city center or Poptahof), cooking, homework help, doctor's visits, and sports clubs like hockey at HC Delft. It differs from the principal residence, which determines where the child primarily sleeps. Ideally, parents in Delft draw up their own parenting plan, which has been mandatory since 2009 for divorces. If they cannot agree, the District Court of The Hague decides.
The schedule must be flexible, taking into account school hours at Delft institutions, work schedules (e.g., at TU Delft or the municipality), and the bond between parents. It provides tailored arrangements, maximizing contact with both parents.
Legal Framework
The rules are set out in Civil Code Book 1 (BW Book 1):
- Article 1:247 BW: Joint parental authority over care and upbringing.
- Article 1:251 BW: Parenting plan mandatory upon divorce, including care division.
- Article 1:257 BW: Court decides in case of disagreement based on the child's best interests.
- Article 1:253 BW: Principal residence as part of the care division.
Different Care Division Models
Models vary by situation in Delft. Choose based on logistics, school, and the child's needs. Overview:
| Model | Description | Advantages | Disadvantages |
|---|---|---|---|
| 50/50 division (co-parenting) | Child alternates equally, e.g., week on/week off or 3-4 days, ideal for nearby Delft neighborhoods. | Equal bond with both parents; balance. | Logistically challenging, especially for young children. |
| Weekend arrangement | Weekdays with one parent, weekends and holidays with the other. | Consistent school routine in Delft. | Less daily contact. |
| Flexible model | Tailor-made, e.g., Mon-Wed with father, Thu-Fri with mother, aligned with TU Delft or Municipality of Delft work schedules. | Child-focused and practical. | Requires good communication. |
| Principal residence with contact | Primarily with one parent, fixed days with the other. | Stability for the child. | Risk of distance between parents. |
Recent rulings by the District Court of The Hague (2023) favor equal divisions when parents are suitable.
Rights and Obligations in Delft
Parents' rights:
- Information about the child (school performance, health via Delft care providers).
- Contact, unless harmful.
- Put the child first.
- Share information mutually.
- No negative comments about the other parent.
- Adjust arrangements in case of changes (e.g., move within Delft).
Child's rights: The UNCRC (arts. 9, 12) guarantees contact and input from age 12. Through a child interview at the District Court of The Hague, the child can express their views.
Practical Examples from Delft
Example 1: Parents in Delft with children (8 and 12) opt for 50/50: Mon-Wed with father (Binnenhof neighborhood), Thu-Sun with mother (Voorburg). Holidays rotate. Works due to short distances.
Example 2: Mother has principal residence due to father's flexible job at TU Delft. Father has Wednesdays, weekends, half holidays. Court rejects relocation due to school in Delft.
Example 3: In case of father's alcohol issues, the District Court of The Hague limits contact with supervision.
Flexibility is key; 70% (CBS 2023) resolve it themselves.
Frequently Asked Questions for Delft
Can care responsibilities be adjusted later?
Yes, in case of changes (new job at Municipality of Delft, health). Via mediation or District Court of The Hague (art. 1:258 BW). Prove child's best interests.
No agreements possible?
Court decides after mandatory mediation (Act on Promoting Continued Parenthood). Start at Juridisch Loket Delft or family law attorney.
Impact on child benefit?
Yes, principal residence parent receives it; 50/50 is split by SVB. See child benefit after divorce.
International relocation?
Court permission required (art. 1:253c BW). Without it, it's an offense. Consult Juridisch Loket Delft.