Visitation Arrangement in Family Law The Hague
A visitation arrangement regulates the contact between the child and the non-custodial parent after divorce. In The Hague, the District Court of The Hague (Prins Clauslaan 60) handles many of these cases. It preserves child-parent bonds and is a fundamental right in the Netherlands.
What does a visitation arrangement entail?
This arrangement determines the frequency and duration of contact, such as weekends or holidays. Unlike care arrangement, it focuses on visitation. In co-parenting, it often overlaps. Always priority: the child's best interests for stability and development. It belongs in the parenting plan (art. 1:251 DCC); otherwise, 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.
- Art. 1:377(2) DCC: Court sets it upon request.
- Art. 1:251 DCC: Mandatory in parenting plan with joint authority.
- Art. 1:257a DCC: Adjustment in case of changes.
Types of visitation arrangements
Different forms:
| Type | Description | Example |
|---|---|---|
| Fixed visitation | Predictable schedule | Every two weeks weekend |
| Midweek | Extra contact | Tuesday evening |
| Holiday | Sharing holidays | Alternating Christmas and summer |
| Limited | In case of risk | Supervised visitation |
See also co-parenting The Hague.
Establishing a visitation arrangement in The Hague
- Negotiation: Make agreements in parenting plan, preferably via mediation.
- Mediation: In case of dispute, via MfN mediator. Start at Legal Aid Office The Hague (Lutherse Burgwal 10) for free advice.
- Court: File request with family judge at District Court of The Hague. Hearing with parents/child (≥12 years), advice from experts or Safe at Home.
- Enforcement: Penalty payment for non-compliance (art. 1:378 DCC).
Rights and obligations
- Right to visitation for all, child first.
- Cooperation is mandatory.
- Child is heard (art. 1:377a DCC).
- Exception in cases of violence/addiction.
Practical examples The Hague
Example 1: Father obtains weekend visitation with supervision after proceedings at District Court of The Hague.
Example 2: Co-parents switch weekly; after relocation, court adjusts with cost sharing.
Example 3: Child refuses; court orders therapy.
Flexibility is crucial.
Frequently asked questions
Unilateral change possible?
No, mediation or court via art. 1:257a DCC.
Child refuses visitation?
Court considers wish, often orders assistance.
Travel costs?
Usually non-custodial parent; arrange in plan.