Parenting Plan and Contact Arrangement in Utrecht
A parenting plan contact is a mandatory document for parents in case of divorce or dissolution of a registered partnership with minor children. It records agreements on the contact arrangement, such as residence times with the non-custodial parent. This provides clarity and stability for the child and minimizes conflicts. In Utrecht, you can go to the District Court Midden-Nederland, Vrouwe Justitiaplein 1, or the Juridisch Loket Utrecht, Catharijnesingel 55 for free advice.
What does a parenting plan entail?
The parenting plan encourages parents to make their own agreements about upbringing and care after a relationship breakdown. Pursuant to Article 1:247 CC, both parents with parental authority over a child under 18 years must draw up this plan. It must contain at least:
- Division of care and upbringing;
- The contact arrangement;
- Exchange of information and consultation on important decisions.
Child support can be included optionally, but is often separate. The plan does not need to be notarised, but must be concrete. In case of disagreement, the court imposes a plan (art. 1:251 CC), as at the District Court Midden-Nederland in Utrecht.
Contact Arrangement within the Parenting Plan
The contact arrangement safeguards the child's right to contact with both parents. Article 1:377 CC provides that the child has contact with the non-primary caregiver, unless this is harmful.
In Utrecht, parents often specify:
- Frequency and duration (e.g. alternating weekend from Friday evening to Sunday evening);
- Holidays and vacations (e.g. Christmas alternating, summer two weeks per parent);
- Who transports the child;
- Periodic evaluation (e.g. every year).
Examples from Utrecht Practice
For an 8-year-old child: every second and fourth weekend with the father, Wednesday until 19:00, half summer vacation and alternating New Year's Eve. For young children, it starts with day visits. In international cases, the Hague Contact Convention applies.
Legal Frameworks and Procedures in Utrecht
Important laws in Book 1 CC:
| Statutory provision | Description |
|---|---|
| Art. 1:247 CC | Obligation to provide parenting plan |
| Art. 1:251 CC | Court imposition in dispute |
| Art. 1:377-1:380 CC | Contact rights and obligations |
At the District Court Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht, the court suspends the procedure without a plan. After approval, the plan has res judicata effect.
Rights and Obligations in Contact
Rights:
- Child's right to contact with both parents (art. 1:377(1) CC);
- Parents may demand reasonable contact.
Obligations:
- Facilitate contact (art. 1:378 CC);
- In case of violation: contact enforcement or criminal law.
In Utrecht, non-compliance often leads to mediation or penalty payment via the court.
Frequently Asked Questions
No agreement on parenting plan contact in Utrecht?
The District Court Midden-Nederland establishes a plan after hearing, with input from the Youth Judge or Child Protection Board. Start with mediation at Juridisch Loket Utrecht.
Change contact arrangement?
Yes, in changed circumstances via the court (art. 1:253a CC). The plan may include evaluations.
In case of violence or addiction?
Contact limited or supervised (art. 1:377(2) CC), with input from Safe at Home.
Registration of parenting plan?
No, but judicial establishment makes it binding.