Amending a parenting plan

When can a parenting plan be amended?

A parenting plan can be amended when circumstances have changed significantly compared to the time the plan was drafted. The court assesses whether the change is sufficiently substantial. There is no fixed period within which an amendment must be requested.

Common situations that justify an amendment:

• Relocation of one of the parents to another city or region
• New income or different working hours that affect the distribution of care
• Blended family: a new partner or children that change the home situation
• Agreements that are structurally not observed or do not work in practice
• Changed wishes or situation of the child, especially as the child gets older

How can you amend the parenting plan?

There are three ways to adjust a parenting plan. The appropriate route depends on the degree of agreement between the parents.

1. Mutual consultation

If both parents agree on the desired adjustment, they can amend the plan themselves. The new agreements are recorded in writing and signed by both. This is the fastest route, but it has a limitation: a signed amendment plan without judicial ratification does not have an enforceable title. This means that the agreements are not directly enforceable in the event of non-compliance.

It is advisable, even in the case of mutual consultation, to have a lawyer check the amendment for legal completeness.

2. Mediation

If mutual consultation is not fully successful, mediation can offer a solution. A mediator helps both parents reach new agreements, with a focus on the best interests of the child. The outcome is recorded in a supplementary or amended parenting plan. Through a lawyer, this plan can then be ratified by the court, creating an enforceable title.

3. Legal proceedings

If your ex-partner does not agree to the desired amendment, the court can be asked to make a decision. This is done via a petition filed by a divorce lawyer. The judge assesses whether the changed circumstances justify the amendment and whether the proposed adjustment is in the best interests of the child. For children aged 8 and older, the judge may organize a child interview. The legal basis for amending the care arrangement is Art. 1:253a of the Dutch Civil Code.

What if your ex-partner refuses to cooperate with an amendment?

A parenting plan cannot be amended unilaterally. If your ex-partner does not cooperate with an adjustment, there are two legal routes:

• A lawyer submits the desired amendment in writing to the other parent, including a legal explanation. In many cases, this still leads to an agreement.
• If this does not lead to a result, an amendment can be enforced through the court. The judge tests whether there are changed circumstances and whether the amendment is in the best interests of the child.

A lawyer can assist you in formulating a substantiated request and assess which route is most likely to succeed in your situation. Would you like to discuss your situation legally first? Schedule a consultation.

Why is an enforceable title important when making an amendment?

An enforceable title makes agreements legally binding. Without an enforceable title, amendments that are only recorded in writing by the parents are not enforceable if the other parent fails to comply later. With an enforceable title, immediate action can be taken in the event of non-compliance, for example via a bailiff or a request for a penalty payment.

An enforceable title is created when the court ratifies the amendment in a court order. This is also possible if both parents agree: they can jointly ask the court to record the new agreements without a full legal procedure being necessary.

What consequences does an amendment have for other agreements?

An adjustment to the parenting plan can have consequences for other parts of the existing agreements.

• Child support: a different distribution of care can lead to a recalculation of the child support. In most cases, more care days with one parent influences the amount of the contribution.
• Parental authority: an amendment to the parenting plan usually does not affect parental authority itself, but it can be related to decisions regarding joint parental authority in the event of structural conflicts.
• Co-parenting: if the care distribution changes from co-parenting to another arrangement, or vice versa, the practical agreements regarding residence and communication also change.

A lawyer can assess whether a change in the care distribution also requires a revision of the maintenance calculation.

What does it cost to amend a parenting plan?

The costs of amending a parenting plan depend on the route followed.

• Mutual consultation with legal check: limited costs, depending on the time a lawyer spends on assessment and recording. Lawyer fees (honorarium) are added to this.
• Mediation: the costs are shared by both parents and depend on the number of sessions. Lawyer fees are added if a lawyer records the outcome legally or submits it for ratification.
• Legal proceedings: the court fee is €318 (2026 rate for natural persons). In addition, there are lawyer fees, depending on the complexity of the file and the number of hearings.

An overview of our rates can be found on the rates page. Would you like to know what an amendment is expected to cost in your situation? Please contact us. We will discuss this in advance.

Practical examples

Relocation to another province

In one case, we assisted a client whose ex-partner moved to another province for work. The existing care distribution was therefore no longer feasible. Through mediation, new agreements regarding the frequency of contact moments and the distribution of travel costs were recorded in a supplementary parenting plan.

Changed work schedule

In another case, a client sought advice because the fixed visitation day proved structurally unfeasible due to a new work schedule. The request for amendment was submitted to the court. The judge recorded the new arrangement in a court order.

Blended family

A third case concerned parents who had formed new blended families. The need for more flexibility in the care arrangement led to consultations under the guidance of a lawyer, after which an amended plan was recorded in writing and ratified by the court.

Advice or assistance with an amendment?

Would you like to know if your situation justifies an amendment to the parenting plan, or have you already tried to reach an agreement? Our lawyers assist you in all three routes: from the legal check of a mutual agreement to legal proceedings in court.

Intake interview

During an intake interview, we start the legal assistance and a file is opened. After your registration, our secretariat will contact you within one business day.

Consultation

During a consultation, you discuss your situation legally at an hourly rate, without further work following. After your registration, our secretary will contact you within one business day.