From January 1st 1998 the principal rule is that parents keep joint custody after the divorce, unless one of the parents asks custody alone because it is in the interest of the child. Children in the age of twelve and older are heard by the court. But by completing and undersigning a provided form by the child stating what he/she wants regarding living with one of the parents, the child can prevent to go to court.

You can download the so called Kindverklaring here. In case of joint custody of the child(ren) the parents share the responsibility. The parents must be able to compromise on issues like time, costs, school, holidays and so on. The partners must make a clear distinction between their interests and the interest of the children. They are both considered to share the costs of the care of the children in proportion.

If there is no joint custody after the divorce, the other parent has visiting rights, the right of information and consultation. A clear visiting schedule gives both parties and the children certainty and is for that reason recommendable.