Parenting Plan and Contact Arrangement in The Hague
A parenting plan contact arrangement 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 days with the non-custodial parent. This provides stability for the child and minimizes conflicts. In The Hague, the The Hague District Court (Prins Clauslaan 60) handles these cases.
What does a parenting plan entail?
The parenting plan, introduced to encourage parents to decide themselves on upbringing and care after a breakup, is mandatory under Article 1:247 DCC for parents with parental authority over children under 18. It includes at minimum:
- Division of care and upbringing;
- Contact arrangement;
- Exchange of information and consultation on important decisions.
Child support may be included, but often separately. No notarial deed required, but it must be concrete and feasible. No agreement? The court decides (art. 1:251 DCC). In The Hague, you can obtain free advice from the The Hague Legal Aid Office (Lutherse Burgwal 10).
Contact Arrangement within the Parenting Plan
The contact arrangement safeguards the child's right to contact with both parents post-divorce. Article 1:377 DCC establishes this right, unless harmful to the child.
Parents specify in The Hague cases:
- Frequency and duration (e.g., alternating weekends from Friday evening to Sunday evening);
- Holidays and public holidays (e.g., Christmas alternating, summer equally divided);
- Handover (e.g., parent picks up from school);
- Review (e.g., evaluate annually).
Examples of Contact Arrangements in The Hague
For an 8-year-old child after divorce: often first and third weekend with father, Wednesday until 19:00, half summer and alternating New Year's Eve. Young children start with day visits before overnights. In cross-border cases, the Hague Convention on Contact applies.
Legal Framework and Steps
Central: Book 1 DCC.
| Statutory Provision | Description |
|---|---|
| Art. 1:247 DCC | Obligation for parenting plan |
| Art. 1:251 DCC | Court imposition |
| Art. 1:377-1:380 DCC | Contact right and obligation |
Without a plan, The Hague District Court suspends the procedure. An approved plan has res judicata effect; changes via court.
Rights and Obligations regarding Contact
Rights:
- Child's right to contact (art. 1:377(1) DCC);
- Parents may demand a reasonable arrangement.
Obligations:
- Facilitate, do not obstruct (art. 1:378 DCC);
- Non-compliance: contact enforcement or criminal proceedings (The Hague District Court).
Often mediation or penalty payment in practice.
Frequently Asked Questions The Hague
No agreement on parenting plan contact?
The Hague District Court establishes the plan based on the child's best interests, after a hearing possibly involving the Youth Judge or Child Protection Board. Try mediation via The Hague Legal Aid Office.
Change contact later?
Yes, in case of changes (relocation, work) via court (art. 1:253a DCC). Plan may include evaluations.
In case of violence or addiction?
Limited/supervised contact if harmful (art. 1:377(2) DCC). Court prioritizes child, with Safe at Home.
Registration of parenting plan?
No, not mandatory, but must be submitted to The Hague District Court for divorce.