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 moment the plan was drawn up. The court assesses whether the change is sufficiently weighty. There is no fixed term within which an amendment must be requested; amendment is possible shortly after the divorce or years later.

Common situations that justify an amendment:

• Relocation of a parent. To another city, region, or abroad, making the existing care arrangement practically unfeasible.
• New work schedule or change in income. Shift work, rostered shifts, or a job abroad can make fixed visitation days impossible.
• Blended family. A new partner or new children change the home situation and the need for flexibility in the care arrangement.
• Non-functioning agreements. Agreements that are structurally not complied with or do not work in practice for the child or the parents.
• Changed wishes or situation of the child. Especially as the child gets older, the care arrangement may need to be revised to align with the child’s own wishes and social situation.

In Simmelink files, we see that relocation and blended families are the most common reasons for amendment, and that structural non-compliance often points to underlying communication problems that may require mediation before legal proceedings are useful.

How can you amend the parenting plan?

There are three routes to adjust a parenting plan, depending on the degree of agreement between 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 wise to have a lawyer check the amendment for legal completeness and for alignment with other agreements, such as child support, even in the case of mutual consultation.

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 12 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:

• Written submission via a lawyer. The lawyer submits the desired amendment in writing to the other parent, with a legal explanation. This often still leads to agreement, as the other party sees the legal context and the potential procedural consequences.
• Petition to the court. If the written submission 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.

In practice, judges weigh three factors in disputes over care arrangements: the existing care role of each parent, practical feasibility (work, place of residence, school), and the age and wishes of the child. A lawyer can assess in advance how these factors weigh in a specific situation.

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 care arrangement often leads to a recalculation of child support. More care days with one parent increases the care discount of fifteen, twenty-five, or thirty-five percent.
• Parental authority. An amendment to the parenting plan does not affect parental authority itself, but it can be related to decisions about joint authority in the event of structural conflicts regarding school choice, medical care, or relocation.
• Co-parenting. When the care arrangement changes from co-parenting to another arrangement, or vice versa, the practical agreements regarding residence, communication, and information exchange also change.

In Simmelink files, we see that revision of the parenting plan and recalculation of child support often need to be handled together rather than separately, because a change in the care arrangement automatically influences the financial distribution of care costs.

What does it cost to amend a parenting plan?

The costs depend on the route followed.

• Mutual consultation with legal review. Limited lawyer fees, depending on the time required for review and recording of the agreements.
• Mediation. 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 in court. The 2026 court fee for a petition in family matters is €341 for private individuals with an income above the legal aid threshold. In addition, there are lawyer fees, depending on the complexity of the file and the number of hearings.

Read more about rates and costs. During an initial consultation, we discuss the expected work and the corresponding cost estimate.

Practical examples

Relocation to another province

A pair of parents turned to us when one parent moved to another province for work. The existing care arrangement with a week-on, week-off schedule was no longer feasible: the travel distance was too great for daily school attendance and extracurricular activities.

The legal assessment focused on a new care arrangement that did justice to both parents and ensured continuity for the children. Through mediation, agreements were made regarding the frequency and duration of contact moments, the distribution of travel costs, and the arrangement of holiday periods. The agreements were recorded in a supplementary parenting plan and submitted to the court for ratification, creating an enforceable title.

Changed work schedule

A parent sought advice because the fixed visitation day proved structurally unfeasible due to a new work schedule with rotating shifts. The other parent was willing to agree to an adjustment but wanted the arrangement legally ratified to prevent later discussion.

The request for amendment was prepared through mutual consultation with a rolling base care calendar that suited the changing work schedules. The adjusted arrangement was then submitted to the court and recorded in a court order, including corresponding fallback arrangements for unexpected schedule changes.

Blended family with a need for flexibility

A parent with a new partner and stepchildren found that the strict care arrangement from the original parenting plan no longer aligned with the blended family dynamics. The other parent had similar developments in their own home situation.

Both parents needed more flexibility in the practical implementation without giving up the basic structure of the care arrangement. Under the guidance of a lawyer, an amended parenting plan was drawn up in which a core part with fixed agreements was combined with a flexible part that parents can adjust per quarter through mutual consultation. The plan was then recorded in writing and ratified by the court.

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