Since 2009, drafting a parenting plan is legally mandatory when you divorce and have minor children. This obligation is established in Article 815(2) of the Dutch Code of Civil Procedure. The parenting plan must be attached to the divorce petition. Without a parenting plan, the court will in principle not process the request. The purpose of the law is to force parents to consider the consequences of divorce for their children and to make arrangements that safeguard the children's wellbeing.
What must a parenting plan contain?
The law prescribes several mandatory components. First, the plan must contain a care arrangement: who has the children when? How does an average week look? How are holidays divided? Second, the plan must contain agreements about how parents inform and consult each other about important matters concerning the child. Third, the plan must address the costs of the children: child maintenance. How are costs divided and how much does each parent pay?
Additional topics in the parenting plan
Beyond the legally required components, it is wise to include additional agreements. Common topics include school choice, rules about introducing new partners to children, social media and privacy agreements, religion, relocation clauses, and communication agreements between parents. Many plans include a relocation clause stating that a parent may not move without the other parent's consent.
How to create a good parenting plan
A good parenting plan is concrete, realistic, and flexible. Concrete means agreements are clear and unambiguous. Realistic means the plan is feasible given work situations, distances, and children's needs. Flexible means the plan allows for changes as children grow older. It's a good idea to include an annual evaluation moment where you discuss and potentially adjust the plan together.
Involve the children in the plan
The law states that children aged 12 and older have the right to express their opinion about the care arrangement. The judge can invite them for a child interview. But younger children can and should also be involved in an age-appropriate way. Research shows that children who feel heard process the divorce better.
What if you cannot agree on the parenting plan?
If you and your ex-partner cannot agree on the parenting plan, there are several options. You can hire a mediator to reach a compromise. If mediation doesn't work, you can ask the court to decide. The court can also request advice from the Child Protection Board, which investigates and advises the court. Contact our family law attorneys for help creating a plan that works for your family.