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. Additionally, 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 on the financial contribution of each parent toward the costs of care and upbringing. The amount is determined based on the child’s needs and the financial capacity of both parents, in accordance with the Trema standards of the LBIO. Annual indexation applies automatically unless parents agree otherwise. For 2026, the indexation is 4.6 percent.

Information and communication.

Parents establish how they will inform each other about important decisions regarding 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 on international travel, management of the child’s passport, contact with new partners, and an evaluation moment to revise the plan over time. In Simmelink files, we see that clear additional agreements prevent later discussions, especially regarding passports and international travel.

When is a parenting plan mandatory?

A parenting plan is legally mandatory in four situations:

• in a divorce involving minor children (Article 815, paragraph 2 Rv);
• upon the dissolution of a registered partnership with minor children;
• in a legal separation involving minor children;
• upon the termination of cohabitation by unmarried parents who exercise joint parental authority.

In a divorce, the court assesses whether the plan is complete and balanced. An incomplete or unsigned plan will be stayed by the judge until the parents reach an agreement or a court order is made.

How does the parenting plan relate to parental authority and support?

The parenting plan is closely linked to other agreements within family law and must be drafted in alignment with them:

• Parental authority. Parental authority determines who has legal decision-making power over the child. With joint parental authority, both parents make joint decisions on matters such as schooling and medical treatment.
• Division of care. Division of care regulates the actual time spent between parents. Co-parenting is a form where both parents have approximately equal care time.
• Child support. Child support ensures a balanced distribution of the costs of care and upbringing, based on the Trema standards.

The judge assesses whether these three components are consistent with each other, with the best interests of the child as the starting point. In Simmelink files, we see that inconsistency between parental authority, division of care, and child support is the most common reason for additional questions from the court.

How does the judge assess the parenting plan?

The judge reviews the parenting plan on four points:

• both parents have cooperated on the plan;
• the plan is balanced;
• the plan meets the legal requirements for division of care, child support, and provision of information;
• the best interests of the child are sufficiently safeguarded.

If the plan is incomplete or unclear, the judge may request adjustments or establish an arrangement themselves under Article 1:253a BW. In practice, judges weigh three factors in disputes over the division of care: each parent’s existing caregiving role, practical feasibility (work, place of residence, school), and the child’s age and wishes.

Which route fits your situation: consultation, mediation, or legal proceedings?

Consultation or mediation.

Many parents draft the plan together under the guidance of a mediator or lawyer. This route is suitable for parents who can still communicate and are willing to reach agreements jointly. The turnaround time is shorter, and parties maintain more control over the outcome.

Legal proceedings at the court.

When consultation fails, the parenting plan becomes part of the divorce proceedings. The judge may request additional information, suggest adjustments, or establish an arrangement themselves. When there is a lack of agreement on a single component, we often see that a combined approach works: consultation where possible, a court decision where necessary.

International situations.

For parents living in different countries, the 1996 Hague Child Protection Convention determines which authority is competent for measures to protect the child. Within Europe, Brussels II-ter additionally applies. In principle, the Dutch court has jurisdiction if the child has their habitual residence here. Read more on the international family law page.

Practical examples

Flexible care arrangement for varying work patterns

A couple turned to us where one parent worked abroad weekly. The existing work schedules changed monthly and required a care arrangement that was not fixed on a standard week-by-week structure, without compromising continuity for the children.

The legal analysis focused on combining a rolling-base care calendar with clear information provision and a fallback arrangement for unexpected changes. For education and medical care, a decisive decision-making role per subject was assigned to maintain decisiveness in the absence of one parent.

Co-parenting with equal division of care

Another couple consciously chose co-parenting with an equal division of care. Both parents lived within a ten-minute commute of the children’s school and wanted to remain fully and equally involved in daily care.

The legal implementation focused on a clear distribution of school holidays, public holidays, and extracurricular activities, plus an evaluation moment after two years. Child support was calculated according to Trema standards based on the difference in financial capacity and the existing division of care, rather than on a primary residence basis.

Amendment after a parent’s relocation

In a third file, the parents initially lived close to each other after the divorce. A few years later, one parent took a position in another region, making the existing division of care no longer practically feasible.

The legal assessment focused on whether the increase in income constituted a significant change in circumstances within the meaning of Article 1:401 BW, and how the division of care could be recalibrated without disrupting continuity for the children. A revision through mutual consultation, recorded in an amended parenting plan, prevented legal proceedings.

How can we help you?

When drafting, reviewing, or amending a parenting plan, you can choose between two routes, depending on where you stand in your decision-making process.

Consultation

For those who still want to know which route is suitable, which agreements are common, and what the legal consequences of certain choices are. In an advisory meeting, we map out your situation legally and discuss the available routes. The meeting is billed at an hourly rate, with no further work following unless you wish. Read more about the advisory meeting.

Intake

For those who have decided that legal guidance is necessary, either for drafting a new parenting plan, amending an existing plan, or a dispute over compliance. During an intake interview, we initiate legal representation and a file is opened.

After your registration, our secretariat will contact you within one working day to discuss and schedule the appropriate route.

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