Parenting plan

What is included in a parenting plan?

A parenting plan contains at least three mandatory components: agreements on the division of care, on child support, and on the exchange of information between parents. Parents may include additional agreements that suit their specific situation.

Division of care
The division of care regulates how time and upbringing tasks are shared between the parents. It includes agreements on daily care, the distribution of school holidays and public holidays, and arrangements for illness or special circumstances. In the case of co-parenting, an equal distribution is established; with a primary residence arrangement, the child lives with one parent and has contact with the other parent at fixed times.

Child support
The parenting plan contains agreements regarding each parent’s financial contribution to the costs of care and upbringing. The amount of child support is determined based on the child’s needs and the financial capacity of both parents, in accordance with the LOVF guidelines. The annual indexation of support is determined by law and applies unless the parents agree otherwise.

Information and communication
Parents establish how they will inform each other about important decisions: school, medical care, sports, and extracurricular activities. Agreements on how and how often parents have contact regarding the children are also part of this section.

Additional agreements
In addition to the mandatory components, parents can include agreements regarding international travel, the management of the child’s passport, contact with new partners, and an evaluation moment to review the plan over time. Clear additional agreements prevent disputes later on.

If circumstances change significantly after the divorce, parents can adjust the plan through consultation or have it amended via the court.

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.

How does the parenting plan relate to custody 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.

Is your ex-partner not cooperating or are agreements not being met? Read what you can do if your ex-partner does not adhere to the parenting plan.

Scenarios

Consultation or mediation

Many parents draft the plan together under the guidance of a mediator or lawyer.

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

Flexible care arrangement for varying work patterns

In one case, we assisted parents where one parent worked abroad weekly. The existing work schedules required a flexible care arrangement. We helped establish agreements that respected the availability of both parents and ensured continuity for the children.

Co-parenting with equal division of care

Another pair of parents opted for co-parenting with an equal division of care. We assisted in drafting clear agreements regarding school and holidays.

Written by Carla Simmelink, family law attorney at Simmelink Lawyers