Joint custody after divorce: the main rule
In the Netherlands, the main rule is that both parents retain joint parental authority after a divorce. This means both parents remain involved in important decisions about the child, such as school choice, medical treatments, and religious upbringing. It does not matter which parent the child lives with: both parents have equal rights and obligations. Only in exceptional circumstances, when the child's interest requires it, can the court decide to assign custody to one parent. This happens, for example, in cases of serious neglect, abuse, or when communication between parents is completely impossible.
The parenting plan: a legal obligation
When you are getting divorced and have minor children, you are legally required to draw up a parenting plan. This plan contains agreements about the division of care and upbringing tasks, the visitation arrangement, how you share information about your children, and financial agreements such as child maintenance. The parenting plan must be submitted to the court as part of the divorce petition. Without a parenting plan, the court will not process the request. It is important to prepare the plan together and take your children's wishes into account, especially if they are 12 years or older.
Visitation arrangement: how is time divided?
The visitation arrangement determines how the child's time is divided between both parents. Various forms are possible, from co-parenting where the child alternates between both parents' homes, to a weekend arrangement where the child lives with one parent during the week and the other on weekends. The choice of arrangement depends on many factors: the child's age, the distance between the parents' homes, work schedules, and of course the child's own wishes. The court will always prioritize the child's best interest when assessing a visitation arrangement.
When can custody be modified?
Although joint custody is the norm, there are situations where the court may decide to modify custody. This can occur when there is an unacceptable risk that the child becomes stuck between the parents, when a parent is unfit to exercise custody, or when the child's interest otherwise necessitates modification. A request for modification can be filed by one of the parents, the Child Protection Board, or the Public Prosecution Service. The court will conduct careful investigation and often request a report from the Child Protection Board.
Guardianship: what if both parents are absent?
Guardianship differs from parental authority. Guardianship becomes relevant when both parents pass away or are unable to exercise authority. You can designate a guardian in your will. If you don't, the court appoints one. It is wise to review your will after a divorce and consider who should have guardianship of your children. This is an important but often forgotten step in the divorce process. Discuss this with your lawyer when preparing the parenting plan.
Protecting your rights: consult a specialist
Family law surrounding custody and visitation is complex and emotionally charged. It is essential to have an experienced family law attorney who knows your rights and can represent your interests and those of your children. At Advocaat bij Scheiden, we have extensive experience with custody and visitation cases. We help you draft a fair parenting plan, apply for a visitation arrangement, or modify existing agreements. Contact us today for a free consultation about your situation.