Visitation rights guarantee that a child can maintain contact with both parents, even after a divorce. This right is legally enshrined and applies independently of parental authority.
Legal Foundation
Visitation rights are based on two important foundations:
- Right of the child: Article 8 of the ECHR and Article 9 of the CRC safeguard children's right to contact with both parents.
- Responsibility of the parent: Parents have both the right and the obligation to maintain a bond with their child.
Who Can Claim Visitation?
| Party Involved | Right to Visitation |
|---|---|
| Parent with authority | Yes, standard right |
| Parent without authority | Yes, according to the law |
| Grandparents | Sometimes, after application to the court |
| Stepparent or ex-partner | Possible with a strong bond with the child |
| Other persons | Possible with a close relationship with the child |
Visitation after Divorce in Utrecht
In a divorce, visitation is recorded in a parenting plan, which includes, among other things:
- The division of time between parents and child.
- The arrangement of holidays and special days.
- The method of communication during stay with the other parent.
Court Decision on Visitation
If parents cannot reach agreement, the District Court of Midden-Nederland (Vrouwe Justitiaplein 1, Utrecht) can impose a visitation arrangement. The court takes into account:
- The welfare of the child.
- The age and specific needs of the child.
- The bond between child and parent.
- Practical factors such as residential distance and working hours.
Supervised Visitation in Utrecht
If there are concerns about safety, the court can impose supervised visitation. This means contact takes place under supervision, for example in a visitation center in the Utrecht region.
Can visitation be refused?
Visitation can only be limited or denied if it serves the child's best interest. Possible reasons include abuse, serious neglect, or strong objections from the child itself. The court makes the final decision.What if my child does not want contact with the other parent?
The child's opinion plays a role, especially for older children. However, the child does not decide independently. The court investigates the reasons behind the resistance and determines what is in the child's best interest.Can grandparents automatically demand visitation?
No, grandparents must submit a request to the court. They must prove there is a close bond with the grandchild and that visitation is in its interest.Frequently Asked Questions about Visitation Rights in Utrecht
How can I arrange visitation if my ex-partner is obstructive?In case of disagreement, you can apply for a visitation arrangement via the District Court of Midden-Nederland. Submit a petition with your proposal. The court decides based on the child's best interest. Consider mediation first or consult a lawyer via the Juridisch Loket Utrecht (Catharijnesingel 55). What to do if my child shows fear or sadness during visitation?
Talk to your child to identify the cause. Then discuss it with the other parent for a solution. If that fails, involve a child psychologist or mediator. In serious situations, you can ask the court for adjustment or supervision of the visitation. Can a visitation arrangement be adjusted due to changes?
Yes, in case of changed circumstances such as a move or different working hours, you can agree on a new arrangement. If there is no consensus, you can ask the court in Utrecht for an adjustment. What happens if I ignore the visitation arrangement?
Non-compliance can lead to a court enforcement measure, such as a penalty payment. In extreme cases, authority may be restricted. Communicate timely in case of problems and seek solutions together. How do I as a grandparent apply for visitation in Utrecht?
Grandparents can apply for visitation via the court by demonstrating a close bond with the grandchild. Legal support, for example via the Juridisch Loket Utrecht, is recommended. When is supervised visitation used?
Supervised visitation is applied if there are concerns about the safety or welfare of the child, with contact taking place under supervision.