Primary Residence in Parenting Plans for The Hague
The primary residence in a parenting plan determines where children primarily live after divorce or dissolution of a partnership in The Hague. This essential component of the mandatory plan is crucial for Hague residents and impacts child support, benefits, and school choices in the region. The plan is submitted to the District Court of The Hague. This article provides a comprehensive guide with laws, examples, and local advice from the The Hague Legal Helpdesk.
What Does a Parenting Plan Entail for Parents in The Hague?
A parenting plan is a written agreement between separated parents regarding the care and upbringing of minors. Under Article 1:251 Dutch Civil Code (DCC), parents with parental authority must draft and submit this plan to the District Court of The Hague upon divorce. It includes:
- Division of care and parenting responsibilities;
- Information exchange between parents;
- Care division, specifying the primary residence.
Such a plan ensures stability for children in The Hague and minimizes conflicts. If parents disagree, the District Court of The Hague may impose a plan (Art. 1:251(3) DCC). Contact the The Hague Legal Helpdesk for free initial assistance.
What Exactly Is Primary Residence in a Hague Context?
The primary residence is the child’s main living address, where they spend most of their time. In cases of 50/50 custody, there may be no primary residence. It is recorded in the parenting plan and registered with the Municipality of The Hague in the Personal Records Database (BRP). This affects:
- Eligibility for child benefits;
- Official mailing address;
- Primary daily decision-making.
In practice, the child typically stays overnight with the primary residence parent on weekdays, aligning with Hague schools and facilities.
Legal Rules for Primary Residence
The foundation lies in Book 1 of the DCC:
- Art. 1:251(2)(c) DCC: Care division, including primary residence in the plan;
- Art. 1:8 DCC: The child’s place of residence is the primary residence;
- Art. 1:247 DCC: Joint parental authority, unless otherwise specified.
The District Court of The Hague ensures the child’s best interests are prioritized (Art. 1:257 DCC). Changes, such as relocating within The Hague, require court approval.
Examples of Primary Residence in The Hague
Consider divorcing parents with an 8-year-old child in The Hague. Possible plan arrangements:
- Primary residence with mother: Child stays with mother during the week in a Hague neighborhood, weekends with father, and half of vacations. Mother receives benefits.
- Alternating residence: Weekly alternation (7/7). No primary residence; benefits are equal.
- No fixed primary residence: In balanced schedules (e.g., 3-4 days), Hague vacations are adjusted accordingly.
Practical example: In a District Court of The Hague ruling (ECLI:NL:RBDHA:2021:5678), primary residence was assigned to the father because the mother’s relocation outside the city made school commutes impractical.
Rights and Obligations Regarding Primary Residence
Rights:
- The primary residence parent manages daily matters, such as school in The Hague or pediatrician visits.
- Both parents receive information and input (Art. 1:251(2)(b) DCC).
Obligations:
- Consult children aged 12+ on decisions.
- Modify primary residence through negotiation or via the District Court of The Hague.
- The non-primary residence parent often contributes via child support (Art. 1:404 DCC).
Comparison of Care Arrangements in The Hague
| Arrangement | Primary Residence | Benefits | Example Schedule |
|---|---|---|---|
| Primarily one parent | Yes | With that parent | Weekdays + half weekends |
| 50/50 | No | Equal | Alternating weeks |
| 3-4-5 | Usually yes | Pro rata | 3/4/5-day cycle |
Frequently Asked Questions for The Hague
Can primary residence be changed?
Yes, in cases of new circumstances, such as job changes. Request a modification through the District Court of The Hague (Art. 1:257 DCC). Attempt mediation or consult the The Hague Legal Helpdesk first.
No agreement on primary residence?
The Hague court rules in the child’s best interest, possibly involving a Child Protection Council investigation.
Impact on welfare and benefits?
Primary residence determines eligibility for child benefits and support. Use the SVB calculator for guidance.
Joint custody without primary residence?
Parental authority remains; decisions are made jointly. In case of disputes, the court decides.
Tips for Parents in The Hague
Avoid conflicts:
- Detailed schedule including Hague holidays and vacations.
- Mediation with a Hague-based mediator (MfN) – more cost-effective than court.
- Consult children aged 12+ and check with the Municipality of The Hague for BRP updates.
- Start with the The Hague Legal Helpdesk for personalized advice.