Contact rights concern the fundamental right of a child to maintain contact with both parents, even after a divorce. This right is legally enshrined and applies independently of parental authority.
Legal Basis
Contact rights are based on two important foundations:
- Right of the child: Article 8 of the ECHR and Article 9 of the CRC guarantee children's right to contact with both parents.
- Responsibility of the parent: Parents have both the right and the obligation to maintain contact with their child.
Who Can Claim Contact?
| Party Involved | Right to Contact |
|---|---|
| Parent with authority | Yes, inherent right |
| Parent without authority | Yes, legally established |
| Grandparents | Only after application to the court |
| Stepparent or ex-partner | Possible with strong bond with the child |
| Other persons | Possible with close relationship with the child |
Contact after Divorce in Zoetermeer
Upon divorce, contact is recorded in a parenting plan. This plan includes:
- The division of the child's time between both parents
- Arrangements for holidays and special occasions
- Communication during the period the child stays with the other parent
Court Decision on Contact
If parents cannot reach agreement, the District Court of The Hague (district for Zoetermeer) may impose a contact arrangement. The court considers:
- The child's welfare
- The child's age and specific needs
- The bond between child and parent
- Practical factors such as residential distance and work schedules
Supervised Contact in Zoetermeer
In cases of safety concerns, the court may decide on supervised contact, where contact takes place under supervision, for example in a contact centre in the Zoetermeer region.
Can contact be refused?
Contact can only be limited or denied if it serves the child's best interests. Possible reasons include abuse, neglect or serious objections from the child itself. The court makes the final decision.What if my child does not want contact with the other parent?
The child's opinion, especially of older children, is taken seriously. However, the child does not decide itself. The court investigates the reasons behind the resistance and determines what is in the child's best interests.Can grandparents demand contact?
No, grandparents have no automatic right to contact. They must apply to the District Court of The Hague and prove a strong bond with the grandchild exists. The child's best interests prevail.Frequently Asked Questions about Contact Rights in Zoetermeer
How do I arrange contact if my ex-partner is not cooperating?
If cooperation fails, you can apply for a contact arrangement at the District Court of The Hague. Submit a petition with your proposal. The court decides based on the child's best interests. Consider mediation first or advice from a family law attorney via the Zoetermeer Legal Aid Office.
What do I do if my child is anxious during contact?
Discuss your child's feelings and try to identify the cause. Consult with the other parent for a solution. If that does not work, involve a child psychologist or ask the court to adjust the arrangement.
Can a contact arrangement be modified?
Yes, in case of changed circumstances such as a move or new needs of the child, the arrangement can be reviewed. Reach a new agreement together or submit it to the court.
What happens if the contact arrangement is not complied with?
If you ignore the arrangement, the other parent can take legal action via the District Court of The Hague. This may result in a penalty payment or restriction of authority. Communicate promptly in case of problems.
How do I as a grandparent apply for contact?
Grandparents can apply for contact at the court by submitting a petition and demonstrating a close bond with the grandchild. Legal support via the Zoetermeer Legal Aid Office is recommended.
When is supervised contact applied?
Supervised contact is imposed if there are concerns about the child's safety or welfare, with contact taking place under supervision.