Habitual Residence Jurisdiction | Family Law Zoetermeer

Habitual Residence Jurisdiction in Family Law for Zoetermeer

The habitual residence jurisdiction determines which court, such as the District Court Zoetermeer, has jurisdiction over family law disputes like divorces and child arrangements, especially in international cases. This is the place where your life is sustainably centered. Based on the Brussels IIb Regulation, it prevents 'forum shopping' and provides certainty for residents of Zoetermeer.

What does habitual residence mean?

Habitual residence (habitual residence) goes beyond your address in the Personal Records Database (BRP) of the Municipality of Zoetermeer; it is where you are genuinely integrated in daily life. The European Court applies a fact-based test: your social networks, job, and family ties are considered, along with the duration of stay and your intention to remain.

For children, the child's own habitual residence takes center stage, independent of the parents – crucial for matters involving custody or contact in Zoetermeer.

Legal basis

This jurisdiction is governed by Regulation (EU) 2019/1111 (Brussels IIb), in force since 1 August 2022 in all EU countries except Denmark. Key articles:

• Article 3: For divorces, the court at the habitual residence of the spouse has jurisdiction, such as the District Court Zoetermeer.
• Articles 5-15: Clear rules for child cases based on the child's residence.
• Articles 22-24: Options for party agreements or waiver of jurisdiction.

In the Netherlands, supplemented by the Code of Civil Procedure (Rv), Articles 149 et seq., but in cross-border cases, Brussels IIb takes precedence.

How is habitual residence determined?

Judges in Zoetermeer assess objectively:

1. Permanence: Several months or longer, without a strict threshold.
2. Connections: Workplace, school in Zoetermeer, local friends, and housing.
3. Evidence: Supported by BRP registration with the Municipality of Zoetermeer, rental agreements, and bank statements.

Table: Key factors for habitual residence in Zoetermeer

Jurisdiction of the District Court Zoetermeer

In an international divorce (more about international divorce): if both spouses have their habitual residence in the Netherlands, the District Court Zoetermeer has jurisdiction if you live there. If residing elsewhere, a foreign court may take precedence.

For children, the court of the child's habitual residence applies to care and contact arrangements. Wrongful removal triggers the Hague Child Abduction Convention.

Practical examples from Zoetermeer

Example 1: Expat family
Jan and Maria from Zoetermeer have lived there for 5 years with their child. Jan moves to Belgium for work, Maria stays. The District Court Zoetermeer retains jurisdiction (Art. 3 Brussels IIb) for divorce and child matters.

Example 2: Attempted forum shopping
Anna and Bob from Poland temporarily in Zoetermeer. Bob strategically 'moves' to Germany. If the center of life is with Anna and the child in Zoetermeer, the local court retains jurisdiction.

Example 3: Child with alternating residence
Post-divorce, the child travels between Zoetermeer and Spain. Habitual residence is where the child is primarily based, such as school weeks locally.

Your rights and obligations

Rights:

• Do not challenge jurisdiction impulsively; seek advice from the Zoetermeer Legal Aid Office.
• Agree on another court via prorogation (Art. 22).
• Provisional measures via Art. 35.

Obligations:

• Prevent child abduction (Art. 8).
• Initiate proceedings at the correct court for recognition.
• Prove your residence with documents.

Frequently asked questions

Tips for residents of Zoetermeer

• Document thoroughly: Rent, school in Zoetermeer, payslips to prove your habitual residence.
• Seek local help: Contact the Zoetermeer Legal Aid Office or a family law attorney for international analysis.