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Familierecht

Visitation Arrangement Family Law Utrecht

Discover everything about visitation arrangements in family law for Utrecht: legal basis, types, drafting at the District Court Midden-Nederland and practical tips.

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Visitation Arrangement in Family Law in Utrecht

A visitation arrangement is an agreement or court decision regarding contact between a child and the non-custodial parent (or other person) without daily care. After divorce or dissolution of partnership, this ensures the maintenance of bonds with both parents. In the Netherlands, visitation is a fundamental child right, locally applicable in Utrecht via the District Court Midden-Nederland.

What does a visitation arrangement entail?

This arrangement determines the frequency and duration of contact with the non-custodial parent, such as weekly, every other week or holidays. Unlike a care arrangement, which divides upbringing. In co-parenting, they overlap; in sole custody, visitation predominates. Always priority: child's best interest, stability and development.

It is part of the mandatory parenting plan (art. 1:251 DCC) in cases of joint authority. No agreement? The court decides.

Legal basis

Based on Dutch Civil Code Book 1:

  • Art. 1:377(1) DCC: Mutual right to visitation, except in cases of serious harm to the child.
  • Art. 1:377(2) DCC: Court establishes it upon request of parent, child or Child Care and Protection Board.
  • Art. 1:251 DCC: Parenting plan mandatory in joint authority.
  • Art. 1:257a DCC: Modification in changed circumstances.
Inspired by the UN Convention on the Rights of the Child (art. 9).

Types of visitation arrangements

Different forms:

TypeDescriptionExample Utrecht
Fixed visitationPredictable scheduleEvery Friday to Sunday
MidweekExtra contactWednesday until dinner
VacationVacation sharingHalf May vacation, alternating Christmas
LimitedIn case of riskSupervised via Safe at Home Utrecht

See also co-parenting Utrecht.

Drafting a visitation arrangement in Utrecht

  1. Negotiation: In parenting plan, mediation at Legal Aid Office Utrecht (Catharijnesingel 55).
  2. Mediation: MfN mediator, mandatory information for court.
  3. Court: Request to family judge at District Court Midden-Nederland (Vrouwe Justitiaplein 1). Hearing, child from age 12 heard, advice from youth judge or Safe at Home.
  4. Enforcement: Penalty payment (art. 1:378 DCC).

Rights and obligations

  • Right: For parents and child, child's best interest paramount.
  • Cooperation: Custodial parent facilitates.
  • Child input: Right to be heard (art. 1:377a DCC).
  • Exception: No visitation in cases of violence, addiction, abuse.

Practical examples Utrecht

Example 1: Mother blocks father post-divorce. Father litigates at District Court Midden-Nederland: weekend visitation after investigation, supervised start.
Example 2: Co-parents alternate weekly; upon Utrecht relocation, court adjusts to 50/50 with public transport arrangement.
Example 3: Teenager refuses. Court respects wish but orders therapy via local youth care.

Flexibility crucial in Utrecht cases.

Frequently asked questions

Unilateral change?

No, consent or court (art. 1:257a DCC). Try mediation at Legal Aid Office.

Child refuses?

Wish carries significant weight, but court may order with support. Investigate causes.

Travel costs?

Usually non-custodial, court decides. Regulate in plan.

Grandparents visitation?

Possible via art. 1:377a DCC, request court if in child's best interest.