Drafting a parenting plan

Explanation

In the Netherlands, a parenting plan is mandatory when parents separate and exercise joint authority over their children. The law aims to ensure that children continue to be well cared for and raised by both parents after the separation.

A parenting plan contains, at a minimum, arrangements regarding:

• Division of care and upbringing (residency arrangements or co-parenting);
• Information and consultation between parents regarding important decisions;
• Financial contributions such as child maintenance.

In many cases, parents first discuss these topics themselves. If they cannot fully agree, a mediator can help reach balanced arrangements. When legal questions or conflicts of interest arise, guidance from a family law attorney is often advisable.

Procedural steps for drafting a parenting plan

1. Inventory of wishes and division of care

Parents map out their wishes regarding residence, school, holidays, and upbringing.

2. Consultation or mediation

The arrangements are discussed and recorded, potentially under the guidance of a mediator or attorney.

3. Legal review

An attorney checks whether the plan meets legal requirements and safeguards the interests of the child.

4. Assessment by the court

In the case of divorce or dissolution of a registered partnership, the court assesses the plan.

5. Implementation and evaluation

Once established, the parenting plan serves as a binding agreement. Parents can later adjust it by mutual consent if the situation changes.

Scenarios

1. Making arrangements yourselves

Parents who communicate well with each other can record arrangements themselves. It is, however, wise to have the plan legally reviewed.

2. Mediation

In the event of a difference of opinion, a mediator helps to reach a balanced arrangement. The agreements are then incorporated into the parenting plan by an attorney.

3. Guidance by an attorney

If there is disagreement regarding authority, maintenance, or residence, an attorney provides legal structure and safeguards.

4. Legal proceedings at court

When consultation fails, the court assesses what is in the best interest of the child. Often, the court still provides parents with the opportunity to supplement the plan.

Practical examples

• In one case, we assisted parents who wanted to switch to co-parenting after their divorce. By carefully aligning the plan with their work schedules and the children’s needs, the court approved the plan without modification.
• A client sought advice on revising an existing parenting plan because one parent wanted to move abroad. The adjusted plan established clear arrangements regarding travel and contact moments.