The principal residence of a child determines the official residential address and registration in Utrecht. This has both legal and practical implications, even if the child regularly stays with both parents.
Definition of principal residence
The principal residence is the address where a child is registered in the Municipal Personal Records Database (BRP) of the municipality of Utrecht. A child can only be officially registered at one location.
Impact of the principal residence
| Subject | Effect |
|---|---|
| Education | School allocation based on the principal residence in Utrecht |
| Child benefit | Payment to the parent at whose address the child is registered |
| Financial benefits | Think of child-related budget or rent allowance |
| Healthcare | Registration with a general practitioner in the Utrecht region |
| Voting rights | Location of polling station (from 18 years old) |
Principal residence after a divorce
In the event of a divorce, parents in Utrecht must agree on where the child will have their principal residence. This is included in the parenting plan. Important considerations are:
- The child's place of residence before the divorce
- School location and circle of friends in Utrecht
- Availability and work schedules of parents
- Living conditions of both parents
- Practical matters such as benefits and education
Relationship between principal residence and care division
The principal residence is independent of the division of care:
- In co-parenting, a child still has only one official address
- The time the child spends with each parent can be equal
- It concerns only the formal registration, not the actual duration of stay
Changing the principal residence
A change of the principal residence in Utrecht is possible under the following conditions:
- Agreement between both parents
- A court order in case of disputes
- Changed circumstances, such as a move within or outside Utrecht
Is dual principal residence possible?
No, according to the law, a child can only be registered at one address. In co-parenting in Utrecht, parents can make agreements on the division of benefits and child benefit.Does the principal residence give extra rights to a parent?
No, the principal residence does not affect parental authority. With joint parental authority in Utrecht, parents decide together on important matters, regardless of the child's registration.Can I move with my child without permission?
With joint parental authority, permission from the other parent is required for a move. In case of refusal, substitute permission can be requested from the District Court of Midden-Nederland in Utrecht.Frequently asked questions about principal residence in Utrecht
How do we determine the principal residence after a divorce?
This is recorded in the parenting plan. Factors such as the previous living situation, school in Utrecht, and availability of parents play a role. In case of disagreement, the District Court of Midden-Nederland decides.
Can I receive child benefit without principal residence?
No, child benefit goes to the parent at whose address the child is registered. In co-parenting, parents in Utrecht can make arrangements for division via a written agreement.
What if the other parent refuses a change?
In case of disagreement, you can submit a request to the District Court of Midden-Nederland in Utrecht. Motivate why the change is in the child's best interest, for example due to a move.
Does principal residence affect my parental authority rights?
No, parental authority remains the same with joint parental authority. The principal residence only determines practical matters such as school and benefits in Utrecht, not decision-making.
Moving to another city without permission?
With joint parental authority, permission is required. Without agreement, you can request substitute permission from the District Court of Midden-Nederland in Utrecht. Stricter rules apply to international moves.
Contact and support in Utrecht:
- District Court of Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht, Catharijnesingel 55