Leiden, February 23, 2017. In the Netherlands when spouses decide to divorce and children are involved there are a few things you should know before taking action.

  1. Nowadays the legislator has decided that parents, also after a divorce have co parenthood. So where children are concerned you could say there is no difference whether you are married or not. Parents have to communicate with each other constantly. One parent can not move with the children without consent of the other parent.
  2. If you have moved with the kids and you ask the court permission to do so after you have done this, they will not grant you your request in most cases.
  3. Another thing is, that as soon as court procedures have started, the parents should make a parenting plan, including visiting rights, and send it to the court via a lawyer, a so called advocaat. If you do not do this, the court will not handle the case.
  4. Nowadays there are more and more people that think they can handle their own divorce. This is not such a good idea. I know, often financial reasons are taken into account and there is a saying: “It takes a fool to be your own lawyer, doctor, etc.”
  5. There is another reason why you should not do this. Nowadays laws change so fast, that you cannot be aware of all the consequences. Think about your pensionplan and whether you should have been married with a prenoptual agreement or not for fiscal reasons.

If you have any question call me at +31 71 5249316, or send me an e-mail on oosthout@oosthoutadvocatuur.nl, or go to our website and use the box to ask your question.

Robert Oosthout.