Parenting plan in case of divorce

When is a parenting plan mandatory?

A parenting plan is legally required:

• in the event of a divorce
• upon the dissolution of a registered partnership with minor children
• in the case of legal separation
• and in many cases also for unmarried cohabiting parents who exercise joint parental authority

Depending on the circumstances, the court assesses whether the plan is complete and balanced.
This is general information and does not constitute individual legal advice.

Relationship with parental authority, division of care, and support

The parenting plan is closely linked to other agreements within family law:

• Parental authority determines who has legal decision-making power
• Co-parenting or division of care regulates the actual time spent
• Child support ensures a balanced distribution of costs

The court often assesses whether these components align well, with the best interests of the child as the starting point.

How does the court assess the plan?

The court reviews whether:

1. both parents have cooperated on the plan
2. the plan has been drawn up in a balanced manner
3. the plan meets the legal requirements
4. the best interests of the child are sufficiently safeguarded

If the plan is incomplete or unclear, the court may request adjustments or make its own arrangements.
In many cases, it is wise to seek legal guidance beforehand, especially in complex or international situations.

Scenarios

Consultation or mediation

Many parents draw up the plan together under the guidance of a mediator or lawyer. This promotes support and prevents future conflicts.

Legal proceedings at the court

When consultation is unsuccessful, the parenting plan becomes part of the divorce proceedings. The court may then determine that additional information or adjustments are necessary.

International situations

Does one of the parents live abroad? In principle, Dutch law applies if the child lives here. The jurisdiction of the Dutch court usually follows from Brussels II-ter.

Practical examples

• In one case, we assisted parents who both lived in the Netherlands, but where one parent worked abroad weekly. The parenting plan included a flexible care arrangement, which was approved by the court because the best interests of the child were clearly prioritized.
• Another couple chose co-parenting with an equal division of care. We assisted in drafting clear agreements regarding school and holidays to prevent misunderstandings.