Private | Children and divorce

Children and divorce

Research shows that children may suffer from the consequences of their parents’ divorce for much longer than commonly assumed. Parents going through a divorce have the joint responsibility to limit the impact on the children, as best they can. The manner in which a divorce is conducted has direct bearings on the way children will cope with it. It is truly important for parents to understand that their pragmatic co-operation in settling matters quickly serves the best interest of the children. Discussions on issues such as the children’s future residence, the visitation schedule with the non-resident parent, the division of vacations and holidays and the amount of child maintenance are best geared and negotiated via a facilitator.

The child’s best interest

In cases where parents are unable or unwilling to negotiate an agreement with regard to all matters involving their children the judge will issue a ruling, taking into account the best interest of the child. GMW Advocaten will present your point of view to the court in a clear and stringent manner, without prejudicing a possible future dialogue with your ex-spouse. To avoid confusion and to give further insight into what the Dutch judge will be interested in at a hearing, the following terms may be of interest:

Custody - Ouderlijk gezag
Custody encompasses the right and duty of the parent to raise, educate and care for his or her underage child. The general rule in The Netherlands is that parents keep shared custody of their children after the divorce.
Guardianship – Voogdij
Guardianship is exercised by a person who is not the child’s parent if, for whatever reason,  parental custody is no longer applicable. A guardian will care for the underage child to the best of his or her knowledge and means.
Main residence – Hoofdverblijfplaats
The main residence is with the parent with whom the child lives after the divorce.
Co-parenting  - Co-ouderschap
Being a fairly new phenomenon, co-parenting does not have a legal definition, yet. Its routinely accepted everyday meaning is that following the divorce the child spends equal time with both parents.

Information

Please contact Antoine de Werd for more information on the subject.

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