Visitation Arrangement in Family Law in Zoetermeer
A visitation arrangement is an agreement or court decision regarding contact between a child and the non-custodial parent (or other person). After divorce or dissolution of partnership, this remains crucial for the bond with both parents. In the Netherlands, visitation rights are a fundamental child right, locally relevant for Zoetermeer families.
What does a visitation arrangement entail?
This arrangement determines the frequency and duration of contact with the non-custodial parent, such as weekly, every other week, or holidays. Unlike a care arrangement, which divides upbringing. In co-parenting, they overlap; in sole custody, visitation predominates. Always priority: child's best interests, stability, and development.
It forms part of the parenting plan, mandatory in joint custody (art. 1:251 DCC). No agreement? The court decides, often via District Court of The Hague (district Zoetermeer).
Legal basis for visitation arrangement
Based on Dutch Civil Code Book 1:
- Art. 1:377(1) DCC: Mutual right to visitation, except in cases of serious harm to the child.
- Art. 1:377(2) DCC: Court sets it upon request of parent, child, or Child Care and Protection Board.
- Art. 1:251 DCC: Parenting plan with visitation mandatory in joint custody.
- Art. 1:257a DCC: Modification in changed circumstances.
Different visitation arrangements
Tailored options:
| Type | Description | Zoetermeer Example |
|---|---|---|
| Fixed visitation | Predictable schedule | Every weekend Friday-Sunday |
| Midweek | Extra contact | Wednesday after school until evening |
| Vacation | Shared holidays | Alternating, half May vacation |
| Limited | In safety risk cases | Supervised in Zoetermeer or suspended |
Discover co-parenting Zoetermeer for balanced division.
Drafting a visitation arrangement in Zoetermeer
- Negotiation: In parenting plan, mediation recommended (affordable, child-focused).
- Mediation: MfN mediator, mandatory court information. Locally via Legal Aid Office Zoetermeer.
- Court: Request to family judge at District Court of The Hague. Hearing for parents/child (from age 12), advice from Safe at Home.
- Enforcement: Penalty payment for breach (art. 1:378 DCC).
Rights and obligations
- Right to visitation: For parents and child, child's best interests paramount.
- Cooperation: Custodial parent facilitates; other contributes to upbringing.
- Child heard: From certain age (art. 1:377a DCC).
- Exception: No visitation in cases of violence, addiction, or abuse.
Practical examples Zoetermeer
Example 1: Mother blocks father post-divorce. Father litigates at District Court of The Hague: weekend visitation after investigation, starting supervised.
Example 2: Co-parents alternate weekly, midweek in Zoetermeer. Relocation? Court adjusts to 50/50 with local transport rules.
Example 3: Teenager refuses. Court respects wish but orders therapy via local youth care.
Flexibility crucial; rigid plans fail.
Frequently asked questions
Unilateral change possible?
No, consensus or court (art. 1:257a DCC). Start mediation at Legal Aid Office Zoetermeer.
Child refuses visitation?
Wish carries significant weight, but court may enforce with support like family guidance. Investigate causes.
Who pays transport?
Often non-custodial, but court divides. Arrange in plan.
May grandparent demand visitation?
Yes, upon request if in child's best interests (art. 1:377c DCC), via District Court of The Hague.