Legal aspects of childrens residence after divorce
PhD student: Ms N.V. Nikolina
Promotor: Mrs Prof K. Boele-Woelki
Duration: 1/9/2010 - 31/8/2014
PhD defence: Utrecht, 23/10/2015
The determination of the childs residence is one of the most important decisions by separated parents. More and more the child is residing with both parents on an alternating basis. This is a modern trend in Europe. Due to recent changes in Dutch divorce law it is to be expected that even more children will have alternating residences in the near future. Many legal questions, however, have not been solved since the legislator provides little guidance. This results in uncertainty and, depending on where proceedings are held, it leads to inequality. It is for instance not clear whether the court can order an alternating residence without an agreement by the parents or whether the existence of the latter is always required. This research is aimed at exploring how the new Dutch law in respect of parenting plans and the childs right to be cared for by both parents will function in practice. It contributes to prior legal research carried out by Jeppesen de Boer (2008) which focused on the general concept and content of joint parental authority in Dutch and Danish law. The new law of March 2009 and more importantly its application in legal practice in respect of the childs alternating residence after divorce has not yet been analysed and compared with other European jurisdictions.