After a divorce, many things change, but the contact between parent and child should not be one of them. In the Netherlands, both parents have the right to maintain contact with their children, regardless of whether they have custody. This right is established in Article 1:377a of the Dutch Civil Code (BW). The visitation arrangement determines when and how often the child stays with the non-custodial parent. Establishing such an arrangement is crucial for the stability and well-being of the child.
What is a visitation arrangement?
A visitation arrangement is an agreement between both parents about the contact between the child and the parent with whom the child does not primarily reside. This arrangement is typically part of the parenting plan, which is mandatory under Article 815(2) of the Code of Civil Procedure. The arrangement describes the division of time: weekends, holidays, special occasions, and regular weekday contact. A good arrangement takes into account the child's age, the distance between both parents' homes, school and activity schedules, and the child's own wishes.
Legal framework: Article 1:377a BW
The right to visitation is a fundamental right that belongs to both the child and the parent. Under Article 1:377a BW, the child has the right to contact with both parents. The non-custodial parent has both the right and the duty to maintain contact. The court can only deny visitation if there is serious harm to the child's physical or mental development, if the parent is manifestly unfit, or if the child aged twelve or older has serious objections. These strict limitations demonstrate how highly Dutch law values the parent-child relationship.
How to formalize a visitation arrangement
There are several ways to formalize a visitation arrangement. The most common is inclusion in the parenting plan submitted to the court during divorce proceedings. If both parents agree, the court can ratify the arrangement in the divorce decree. In case of disputes, the court itself can establish a schedule. Mediation is another option, where an independent mediator helps parents reach agreements together. This is often faster, less expensive, and less stressful for the children than court proceedings.
What if the arrangement is not followed?
Non-compliance with a visitation arrangement is a serious issue. If the custodial parent frustrates visitation, the other parent can ask the court to enforce compliance through penalty payments, appointment of a special guardian, or in extreme cases, a change of custody. It is important to address problems early and seek professional help if communication breaks down. A specialized family law attorney can advise you on your rights and help establish or modify the arrangement.