Parenting plan mandatory?


Questioner

My partner and I have been separated since 2014. We have a son who is now 12 years old. Around 2015/2016 an attempt was made to draw up a parenting plan through mediation, but this was unsuccessful. In 2022, we sat down with a mediator again to draw up a parenting plan. My ex-partner now wants to withdraw. We are moving towards parallel parenting and I no longer receive information or am involved in matters concerning our child. My question is therefore: can I force him to have a parenting plan, since we both have parental authority?

Lawyer

Both you and your ex-partner are legally required to cooperate in drawing up a parenting plan. Drawing up a parenting plan is a joint responsibility. Drawing up a parenting plan requires both parents to be actively involved and to work together to make arrangements regarding the care and upbringing of the children after the divorce. Both parents must make an effort to reach an agreement on various aspects, such as the division of care tasks, visitation rights, communication and the costs of the children. If your ex-partner refuses to cooperate in drawing up a parenting plan, you can file a request with the court to change the care arrangement. The court will also try to encourage both of you to make agreements about the parenting plan. Ultimately, if you cannot reach agreements, the law has an escape clause. The court will then make a ruling on the care arrangement. You can contact 0800 822 4433 or email info@echtscheidingswinkel.nl to schedule a no-obligation intake interview. In this interview you can explain your situation, after which the lawyer will give advice.

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