Ex-partner does not comply with parenting plan

When are agreements in a parenting plan legally enforceable?

A signed parenting plan is a binding agreement. As soon as both parents have provided their signatures, the agreements are legally enforceable. If the parenting plan has been ratified by the court in a court order, it also has an enforceable title. This means that compliance can be enforced without a new procedure.

Without an enforceable title, the agreements are still binding, but enforcement requires an extra step: the court must still be involved. This is why it is advisable to have the parenting plan ratified by the court, even if both parents have drawn it up in mutual consultation.

Which forms of non-compliance are most common?

Non-compliance with the parenting plan involves two legally distinct situations, each with its own approach.

Non-compliance with the care arrangement or contact

This concerns situations where the ex-partner does not allow the children to be picked up or dropped off at the agreed times, systematically frustrates contact moments, or unilaterally changes the division of care. The legal route is via preliminary injunction proceedings at the court.

• The court can order compliance with the care arrangement and attach a penalty payment to each violation.
• In serious cases, the court can change the Contact arrangement or take additional measures in the best interests of the child.
• A Supervised Contact Arrangement (BOR) can be used as an intermediate step where social workers supervise the handover.

Non-payment of child maintenance

If the ex-partner does not pay the established child maintenance, recovery via the LBIO (Landelijk Bureau Inning Onderhoudsbijdragen) is possible. The LBIO can seize the income or benefits of the defaulter without the need for a new preliminary injunction judgment. The condition is that the maintenance has been established by the court or recorded in a notarial deed.

• Engaging the LBIO is free of charge for the receiving parent.
• The LBIO also collects maintenance arrears with retroactive effect.
• In cross-border situations, maintenance can in many cases also be recovered abroad via international treaties.

What steps can you take in case of non-compliance?

The approach depends on the severity and frequency of the non-compliance. In most cases, the escalation follows three steps.

1. Written demand: a lawyer sends a formal letter to the ex-partner requesting that the agreements be fulfilled. In many cases, this already leads to a restoration of compliance, as the legal seriousness of the situation then becomes clear.
2. Mediation: if direct communication fails, Mediation can offer a solution. A mediator helps both parents to discuss the factual situation and make new workable agreements.
3. Preliminary injunction: if Mediation also fails, compliance can be claimed via preliminary injunction proceedings at the court. The court can impose a penalty payment for every time the ex-partner fails to comply with the agreements. Preliminary injunction proceedings usually result in a ruling within a few weeks.

What if your ex-partner refuses to sign or change the parenting plan?

If your ex-partner refuses to sign the parenting plan, the court can be asked to establish an arrangement. This is done via a petition filed by a lawyer. The court then establishes an arrangement that is in the best interests of the child, even without the consent of the other parent.

Does the ex-partner refuse to modify the existing plan, even though circumstances have changed significantly? In that case, too, the court can be involved to impose the modification. A lawyer will assess whether the changed circumstances are sufficiently weighty for a successful petition.

What is a penalty payment and how does it work in practice?

A penalty payment is a sum of money imposed by the court that the ex-partner owes for every violation of the agreements. In preliminary injunction proceedings, the court determines both the amount of the penalty and the maximum. In practice, the threat of a penalty payment is often sufficient to ensure compliance.

Once the penalty payment has been imposed and the ex-partner is in violation again, the penalty can be executed immediately via a bailiff, without a new court case. The enforceable title of the preliminary injunction judgment makes direct recovery possible.

International situations: child abduction and cross-border non-compliance

If the ex-partner lives abroad or if there is a threat of child abduction, additional legal routes apply. The Hague Convention on International Child Abduction (1980) provides a procedure for the return of children who have been taken abroad without consent. The Netherlands is a party to this convention.

In the event of an imminent or actual international departure with the children without consent, speed is crucial. An international family law lawyer can immediately file a request for return or ask the court for an emergency measure. In the Netherlands, the Central Authority of the Ministry of Justice and Security is the point of contact for international child abduction cases.

Practical examples

Structural frustration of contact

In one case, we assisted a client whose ex-partner structurally failed to hand over the children at the agreed times. After a written demand yielded no results, preliminary injunction proceedings were started. The court ordered the ex-partner to comply with the care arrangement, with a penalty payment per violation.

Arrears in child maintenance via the LBIO

A client had not received child maintenance for more than six months. Because the maintenance had been established by the court, the LBIO could be engaged immediately. The bureau seized the ex-partner’s income and recovered the overdue payments.

Ex-partner refuses to cooperate with modification

A client sought advice because the ex-partner refused to cooperate with an adjustment of the care arrangement after a relocation. We filed a petition with the court. The court established the new arrangement based on the best interests of the child and the changed circumstances.

Is your ex-partner failing to comply with the parenting plan?

Would you like to know which steps are most effective in your situation? Our lawyers will guide you in enforcing agreements, engaging the LBIO, or starting preliminary injunction proceedings.

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