Parenting Plan and Visitation Arrangement in Zoetermeer
A parenting plan visitation is a mandatory document for parents in Zoetermeer upon divorce or dissolution of a registered partnership with minor children. It records agreements on the visitation arrangement, such as the child's stay with the non-custodial parent. This provides clarity, stability for the child and helps prevent conflicts. In Zoetermeer, this falls under the Rechtbank Den Haag (district).
What does a parenting plan entail?
The parenting plan encourages parents to make their own agreements on upbringing and care after a relationship breakdown. According to Article 1:247 CC, both parents with parental authority over a child under 18 must draw up a plan. It must include at minimum:
- Division of care and upbringing;
- The visitation arrangement;
- Information exchange and consultation on important decisions.
Child support can be added optionally, often arranged separately. The plan does not need to be notarised, but must be concrete. No agreement? The court can intervene (art. 1:251 CC). In Zoetermeer, you can go to the Juridisch Loket Zoetermeer for free advice.
Visitation Arrangement within the Parenting Plan
The visitation arrangement is essential and safeguards the child's right to contact with both parents. Article 1:377 CC states that visitation with the non-entrusted parent is guaranteed, unless harmful to the child.
Parents specify in the Zoetermeer context:
- Frequency and duration (e.g. alternating weekend from Friday evening to Sunday evening);
- Holidays and vacations (e.g. Christmas alternating, summer equally divided);
- Transport (e.g. parental alternation at school in Zoetermeer);
- Review (e.g. evaluate annually).
Examples of Visitation Arrangements
For an 8-year-old child in Zoetermeer: every second and fourth weekend with the father, Wednesday until 19:30, half summer vacation and alternating New Year's Eve. For toddlers, it starts with day visits, building up to overnights. In cross-border situations, the Hague Visitation Convention applies.
Legal Framework and Steps
Key laws from Book 1 CC:
| Statutory Provision | Description |
|---|---|
| Art. 1:247 CC | Obligation parenting plan |
| Art. 1:251 CC | Court in case of disagreement |
| Art. 1:377-1:380 CC | Visitation right and duty |
Without a plan, the Rechtbank Den Haag will suspend the divorce proceedings. An approved plan has res judicata effect; changes via the court.
Rights and Obligations regarding Visitation
Rights:
- Child's right to visitation with both parents (art. 1:377(1) CC);
- Parents demand reasonable arrangement.
Obligations:
- Facilitate visitation, do not obstruct (art. 1:378 CC);
- In case of violation: visitation suspension or criminal intervention.
In Zoetermeer, non-compliance often leads to mediation or penalty payment via the court.
Frequently Asked Questions
No agreement on parenting plan visitation?
The Rechtbank Den Haag determines a plan based on the child's best interests, after hearing and possibly the Youth Judge or Child Protection Board. Start with mediation at Juridisch Loket Zoetermeer.
Change visitation arrangement?
Yes, in case of changes such as relocation in Zoetermeer: request for modification (art. 1:253a CC). The plan can include evaluations.
In case of violence or addiction?
Visitation limited or supervised if harmful (art. 1:377(2) CC). Court prioritises child's best interests, with Safe at Home.
Registration of parenting plan?
No, not mandatory, but must be submitted in divorce proceedings via Rechtbank Den Haag.