Visitation Not Followed in Netherlands — Your Rights

When your ex-partner doesn't comply with the agreed visitation arrangement (omgangsregeling), it can be extremely frustrating and painful. Not only for you as a parent, but especially for your children who miss their other parent. Unfortunately, this happens quite regularly in the Netherlands, and you're certainly not alone in dealing with this. Fortunately, as a parent under Dutch law, you have various rights and options to take action against this.

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What's happening?

A visitation arrangement (omgangsregeling) is an agreement about when and how often a child has contact with the parent they don't live with. This arrangement can be established in a parenting plan (ouderschapsplan), a court ruling, or a mutual agreement. Unfortunately, it regularly happens that one of the parents doesn't comply with these arrangements. This can occur through not adhering to pick-up times, cancelling visits, or completely refusing contact. The reasons for this can vary from practical problems to emotional conflicts between ex-partners.

What does Dutch law say?

In the Netherlands, children have the right to contact with both parents, as established in the Dutch Civil Code (Burgerlijk Wetboek). This right exists not only for the parents, but especially for the child themselves. Dutch law provides clear rules about how to handle situations when arrangements are not complied with. When a visitation arrangement is repeatedly violated, the court can take various measures.

1Article 1:377a BW (Dutch Civil Code): The child has the right to contact with their parents and other persons who have a close personal relationship with the child

2Article 1:377e BW (Dutch Civil Code): The court can establish and enforce a visitation arrangement upon request

3Article 1:377g BW (Dutch Civil Code): In case of non-compliance, the court can impose a penalty payment (dwangsom) or take other measures

What are your rights?

As a parent in the Netherlands, you have various rights when the visitation arrangement is not being followed. These rights are legally established under Dutch law and can be enforced through the court.

1Right to compliance: You have the right for the agreed visitation arrangement to be followed as established

2Right to enforcement: You can file a request with the court to have the visitation arrangement enforced

3Right to compensation: In case of repeated violations, you can demand a penalty payment (dwangsom) or compensation

4Right to modification: You can request modification of the arrangement if the current one proves unworkable

What can you do now?

It's important to act step by step and document everything properly. Always start with an attempt at consultation before undertaking legal steps in the Netherlands.

1Step 1: Document all violations with dates, times, and circumstances. Keep messages and emails

2Step 2: First try to have a conversation with your ex-partner to discuss and resolve the problems

3Step 3: If necessary, engage mediation through the Legal Counter (Juridisch Loket) or a mediator

4Step 4: File a request with the court for enforcement of the visitation arrangement if consultation doesn't help

Sample letter or template

MijnRecht.AI can help you draft a formal letter to your ex-partner addressing the violation of the visitation arrangement under Dutch law. We can also support you in preparing a petition for the court if this becomes necessary.

Where can you get help?

For help with visitation problems in the Netherlands, you can contact various institutions. The Legal Counter (Juridisch Loket) offers free advice and information about your rights under Dutch law. With mediation, a neutral third party can help reach a solution. As a last resort, you can file a request with the court in your region for enforcement of the visitation arrangement.

Conclusion

A non-complied visitation arrangement is frustrating, but you don't have to accept this under Dutch law. There are clear legal possibilities to protect your rights and those of your child in the Netherlands. With the right approach and documentation, you can take steps to improve the situation.

Frequently Asked Questions

Can I go directly to court if the visitation arrangement is not followed once?

What if my ex-partner says the child doesn't want to come?

Can I demand a penalty payment for non-compliance with the visitation arrangement?

What if the visitation arrangement was only agreed verbally?

How long does a court case about visitation usually take in the Netherlands?

Can I stop maintenance payments if my ex refuses visitation?

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