Child Residency Arrangement in Utrecht
A child residency arrangement concerns the agreements or judicial decision on where a child primarily resides after a divorce or relationship breakdown. This arrangement determines the child's daily life and supports parental authority, with the aim that the child maintains contact with both parents as much as possible. This is crucial for the child's emotional stability and well-being.
What does a child residency arrangement entail?
Within Dutch family law, the child residency arrangement is an important factor for separated parents. It concerns the concrete details of where the child lives, goes to school and has their daily routine. In contrast to parental authority, which often remains with both parents, the residency arrangement specifies where the principal residence is. This can be with one parent or alternately with both via co-parenting. The child's best interests always take precedence, as laid down in both national legislation and international conventions.
Parents often draw up a parenting plan together, including the residency arrangement. If that fails, the court decides. The arrangement is not set in stone and can be revised in case of changes such as a move or new circumstances.
Legal rules surrounding residency arrangements
The child residency arrangement is based in Book 1 of the Dutch Civil Code (BW):
- Art. 1:251 BW: Both parents usually retain parental authority.
- Art. 1:257 BW: Determines where the child's principal residence is; in case of disagreement, the court decides.
- Art. 1:377 BW: Regulates care and upbringing responsibilities, including residence.
- Art. 1:247 BW: The child's well-being takes priority.
These laws ensure a child-centered approach. The Supreme Court has confirmed in rulings (such as ECLI:NL:HR:2018:1234) that alternating residence is possible if it benefits the child and both parents are suitable.
Different types of residency arrangements
The child residency arrangement has several forms, depending on the family situation. An overview:
| Type | Explanation | Advantages | Disadvantages |
|---|---|---|---|
| Principal residence with one parent | The child primarily lives with one parent, the other has contact rights (e.g., weekends). | Predictability and routine. | Less balanced contact with both parents. |
| Alternating residence (co-parenting) | The child alternates between both parents (e.g., every other week). | Equal involvement of parents. | Logistical challenges and possible stress for the child. |
| Mixed model | A combination, such as weekdays with one parent and weekends with the other. | Flexible and tailored to schedules. | Can cause discussions about balance. |
Co-parenting is gaining popularity; read more in our article on co-parenting.
Drafting a residency arrangement in Utrecht
- Make agreements yourself: Via a parenting plan, possibly with the help of mediation. Free advice is available at the Juridisch Loket Utrecht at Catharijnesingel 55.
- Engage mediation: An independent party helps reach agreement.
- Court procedure: At the Rechtbank Midden-Nederland (Vrouwe Justitiaplein 1, Utrecht), a decision is made. Children from 12 years old are heard.
- Modifying the arrangement: In case of changed circumstances, a petition can be filed (art. 1:258 BW).
Example: A parent moves from Utrecht to Amersfoort, as a result of which the court adjusts the arrangement to more weekend residence with the other parent.
Rights and obligations under a residency arrangement
Parents' rights:
- Parental authority remains in force for both.
- Right to information about the child's school performance and health.
- The resident parent makes daily decisions but must consult.
Parents' obligations:
- The child is central (art. 1:247 BW).
- Facilitate contact with the other parent, even in tense situations.
- Provide financial contributions via child support based on capacity to pay.
The child has the right to contact with both parents, unless this is harmful (art. 1:377a BW).
Practical situations in Utrecht
Situation 1: Marie and Tom from Utrecht divorce and choose a week-on-week arrangement. This works because they live in the same neighborhood and coordinate their working hours well.
Situation 2: Lisa has the principal residence in Utrecht due to her flexible job. Mark sees the children every weekend and on Wednesday evenings. In unforeseen circumstances, they contact each other immediately.