Best Child Visitation Lawyers in Diever

About Child Visitation Law in Diever, Netherlands

Child visitation in the Netherlands is called omgang or contactregeling. It refers to the practical arrangements that allow a child to have regular and safe contact with a parent or other close caregiver who does not live with the child. In Diever, which is in the municipality of Westerveld in Drenthe, the same national rules apply, with cases typically handled by the Rechtbank Noord-Nederland, location Assen. Courts and professionals focus on the child’s best interests, stability, and safety, while encouraging parents to resolve disputes through mediation and a well-structured parenting plan.

Most separated parents in the Netherlands share parental authority, and the law recognizes a child’s right to maintain meaningful contact with both parents except where contact would harm the child. When parents cannot agree on a schedule, the court can set one and add conditions, such as supervised contact or information sharing, to protect the child’s welfare.

Why You May Need a Lawyer

You may need a lawyer if you cannot reach agreement on when and how contact takes place, including holidays, handover locations, and travel. A lawyer can advise you about your rights and obligations, draft or review a parenting plan, represent you in mediation, and present your case to the court if needed. Legal help is also important where there are concerns about safety, such as domestic violence, substance misuse, or child neglect, because the court may impose supervision, protective measures, or temporary restrictions on contact.

Other common reasons to seek legal assistance include relocation disputes, international travel or passport problems, a child resisting contact, non-compliance with an existing court order, requests by grandparents or other relatives for contact, and situations where one parent withholds consent for important decisions or travel. If your situation involves cross-border issues, a lawyer experienced in international family law can help with jurisdiction, enforcement, and urgent remedies.

Local Laws Overview

Child visitation is governed mainly by Book 1 of the Dutch Civil Code. The core principle is the best interests of the child. The law recognizes the child’s right to contact with each parent and allows the court to establish or modify contact arrangements. Parents are expected to cooperate, share information, and support the child’s bond with the other parent. Key points include:

Parenting plan requirement. When married or registered partners with minor children separate, they must file a parenting plan with the court. The plan covers the division of care and upbringing, how parents will share information and make decisions, and the financial arrangements for the child. Unmarried parents are strongly encouraged to make a similar plan.

Parental authority. Joint custody is common. Since 2023, in many cases an unmarried parent who acknowledges the child obtains joint custody automatically unless an exception applies. A parent without custody can still request a contact arrangement.

Right to contact for others. Grandparents or other persons with a close personal relationship to the child can ask the court for a contact arrangement if it benefits the child.

Child’s voice. Children aged 12 and older are invited to share their views with the judge. Younger children can also be heard if appropriate. The judge weighs the child’s wishes alongside other factors.

Mediation and assistance. Courts often encourage mediation. In higher conflict cases, the court or youth care providers may help implement or supervise contact, for example via an omgangshuis or guided contact.

Enforcement and changes. If a parent does not comply with a court-ordered arrangement, the court may set a penalty payment, authorize enforcement by a bailiff, or adjust the arrangement. Contact orders can be modified if circumstances change. Urgent interim measures are possible during divorce proceedings or by preliminary relief.

Safety and restrictions. If contact is unsafe or harmful, the court can limit, supervise, or temporarily suspend contact. The Council for Child Protection can advise the court. In serious child protection cases, juvenile court measures may apply.

International and relocation issues. Moving with a child requires the other parent’s consent or a court order. International cases follow EU rules on jurisdiction and recognition of judgments, and special procedures exist for international child abduction.

Local forum. Matters from Diever are usually heard at the District Court of Northern Netherlands, family law division, location Assen.

Frequently Asked Questions

What does a typical visitation schedule look like?

There is no one-size-fits-all schedule. Common patterns include alternate weekends, one or two midweek afternoons or evenings, and shared holidays and vacations. For very young children, shorter but more frequent contact can support bonding. The court tailors schedules to the child’s age, routine, school, and the distance between homes.

Do I need a parenting plan if we already get along?

Yes if you are divorcing or ending a registered partnership with minor children, because the parenting plan is mandatory. Even if you get along, a written plan prevents misunderstandings and serves as a reference if circumstances change. Unmarried parents should also record their agreements in writing.

Can a parent without custody still have visitation?

Yes. Contact is a right of the child and the parent. A parent without custody can agree arrangements with the custodial parent or ask the court to order a schedule. The court will assess what best serves the child’s interests.

At what age can a child decide whether to visit?

From age 12, children are invited to express their views to the judge, but they do not have an absolute veto. The judge considers the child’s wishes along with maturity, family dynamics, and welfare. Younger children can also be heard if appropriate.

What if the other parent will not comply with our agreement?

If informal efforts and mediation fail, you can ask the court to enforce the arrangement. The court may include a penalty payment for each violation, clarify handover details, involve youth services, or revise the schedule. Keep records of missed visits and communications.

Can grandparents get a visitation order?

Yes if they can show a close personal bond with the child and that contact serves the child’s interests. The court may set a limited and structured arrangement, especially where family conflict exists.

How does relocation affect visitation?

A move that impacts contact requires the other parent’s consent or a court order. The judge weighs necessity of the move, distance, feasibility of maintaining contact, and the child’s ties to school and community. Relocating without consent can have legal consequences.

What about supervised contact?

When safety or gradual reintroduction is a concern, the court can order supervised contact, often arranged through youth care providers or an omgangshuis. Conditions may include therapy, parenting support, or abstaining from substances. Supervision is usually temporary and reviewed regularly.

How do international trips work with shared parenting?

You generally need the other parent’s written consent to travel abroad with a minor. If consent is refused, you can request substitute consent from the court. Keep passports secure, plan well in advance, and document itineraries and contact details.

Can we change our arrangement later?

Yes. If circumstances substantially change, either parent can request a modification. Examples include a new school schedule, a move, health issues, or persistent non-compliance. The court will again focus on the child’s best interests.

Additional Resources

Rechtbank Noord-Nederland, locatie Assen - Family law division handling cases from Diever and the wider Drenthe region. Contact the court information desk for filing guidance and hearing schedules.

Raad voor de Kinderbescherming - Council for Child Protection. Advises courts in complex cases and child protection concerns. National information line: 088-486-1000.

Het Juridisch Loket - Free first-line legal information about family law, procedures, and legal aid eligibility. National number: 0800-8020.

Raad voor Rechtsbijstand - Legal Aid Board. Information about subsidized legal aid and own-contribution amounts. Ask your lawyer to check your eligibility.

Veilig Thuis - Advice and reporting center for domestic violence and child abuse. Available 24-7. National number: 0800-2000.

Mediatorsfederatie Nederland - MfN-register of accredited family mediators who can help draft or revise parenting plans and visitation schedules.

Jeugdbescherming Noord and local youth care providers in Drenthe - Support with supervised contact, parenting assistance, and implementation of court orders.

Municipality of Westerveld - Social team and youth support. They can direct you to local family support, parenting courses, and mediation options.

Centrum Internationale Kinderontvoering - Independent center offering guidance in international child abduction and cross-border contact issues. Information line: 088-800-9000.

Child and family counseling services in Drenthe - Local therapists, child psychologists, and parenting coaches can support children coping with separation and assist with contact transitions.

Next Steps

Clarify goals. Write down your preferred schedule, handover details, holiday plans, and how you will share information about school and health. Focus on what works best for your child’s routine and wellbeing.

Try mediation early. Engage an MfN-registered mediator to help you and the other parent build a workable parenting plan. Mediation is faster, less adversarial, and often better for children.

Seek initial legal advice. Contact Het Juridisch Loket for basic guidance and to check eligibility for subsidized legal aid. Then consult a family law lawyer in Drenthe who handles visitation, parenting plans, and court proceedings in Assen.

Gather documents. Collect birth certificates, any prior court orders, proof of acknowledgment and custody, school and childcare schedules, health information, travel plans, and a log of communications or missed contacts.

Consider the child’s needs. Propose age-appropriate contact, predictable routines, and clear handovers. Be prepared to discuss how both homes will support homework, activities, and health care.

Act promptly in urgent cases. If there are safety concerns, relocation without consent, or imminent travel disputes, ask your lawyer about interim measures or urgent court proceedings.

Plan for implementation. Agree on handover locations in or near Diever, specify pick-up and drop-off times, and set methods for updates, such as a shared parenting app or email. Include holiday schedules well in advance.

Review and adjust. As children grow, needs change. Build in review moments to adjust the arrangement by agreement or, if necessary, through the court.

Note. This guide provides general information, not legal advice. For advice tailored to your situation in Diever, consult a qualified Dutch family law lawyer.