Family law FAQ2020-06-17T14:34:01+02:00

Frequently Asked Questions

Family Law

Are false accusations punishable?2020-06-19T21:13:04+02:00

A false accusation is punishable under art. 188 of the Dutch Criminal Code. However, filing a complaing about it with the police hardly ever leads to a conviction, because it is difficult to proof that the suspect knew that the allegations were false.

But you can try to stop the perpatrator by filing a criminial complaint for dafamation or by starting a civil procedure.

Read our blog about false accusations in family lawsuits.

Do we need a parenting plan?2020-05-31T21:48:52+02:00

Dutch law requires that in the case of minor children (younger than eighteen), the requesting party must submit a parenting plan to the court. The plan must be signed by both parties.

Sometimes, however, the parents do not reach an agreement or communication about this is not possible at all. In that case, the requesting party must explain the lack of a parenting plan to the court. The requesting party may also choose to submit his or her proposed draft version of the parental plan to the court.

Will I pay less alimony if I take care of the children for more days?2020-06-05T19:58:52+02:00

Yes. In the Netherlands this is called ‘care discount’. This discount is based on the average number of days per week (including holidays) that you care of the children. The idea behind it is that on those days the parent who pays the fixed costs (school, sports, clothing etc.) for the child does not incur any costs for the daily things like food.

If you care for the children less than 1 day a week: 5%.
At an average of 1 day per week: 15
At an average of 2 days a week: 25
At an average of 3 days a week: 35

The minimum is 5 %, because parents have a right and an obligation towards each other and towards the child to ensure that there is contact, and so the parent could have incurred at least that cost.

Exceptions are of course possible. For example, if the parent with a care arrangement or visitation arrangement does not fulfil his or her obligation to contact the child. In that case, the court could assume a 0% care discount.

Go to Top