The principal residence of a child determines the official residential address and registration in the Personal Records Database (BRP). This has both legal and practical implications, even if the child regularly stays with both parents.
Definition of principal residence
The principal residence is the address where a child is registered in the BRP. A child can only be officially registered at one location.
Implications of the principal residence
| Subject | Effect |
|---|---|
| Education | School allocation based on the principal residence |
| Child benefit | Payment to the parent where the child is registered |
| Financial allowances | Child-related budget, healthcare allowance and more |
| Healthcare | Registration with a general practitioner in the region of the principal residence |
| Voting rights | Voting location from age 18 |
Principal residence after a divorce
In the event of a divorce, parents must agree on where the child will primarily live. This is included in the parenting plan. Important considerations include, among others:
- The child's living place before the divorce
- The location of the school and friendships
- Availability and work situation of the parents
- The living situation of both parents
- Practical aspects such as allowances and education
Relationship between principal residence and care division
The principal residence is independent of the care division:
- In co-parenting, the child still has one official address
- The child can spend equally divided time with both parents
- It concerns the formal registration, not the actual duration of stay
Changing the principal residence
A change of the principal residence is possible when:
- Both parents consent to the change
- A court makes a decision in case of a dispute
- There are changed circumstances, such as a move
Can a child be registered at two addresses?
No, according to the law, a child can only be registered at one address. In co-parenting, parents can however make mutual agreements about dividing allowances and child benefit.Does the principal residence give extra rights to a parent?
No, the principal residence has no influence on parental authority rights. With joint parental authority, both parents remain equally authorized to make decisions, regardless of the child's registration.Can I move with my child without permission?
With joint parental authority, permission from the other parent is required for a move. If this permission is absent, a request for substitute permission can be filed with the court.Frequently asked questions about principal residence in Rijswijk
How is the principal residence determined after a divorce?
The principal residence is recorded in the parenting plan that parents draw up upon divorce. Factors such as the previous living situation, school location, social environment and availability of parents play a role. In case of a conflict, the court decides, often via the District Court of The Hague.
Can I receive child benefit if my child is registered elsewhere?
No, child benefit normally goes to the parent where the child officially resides. In co-parenting, parents can agree to divide the benefit, recorded in a written agreement, for example via the SVB.
What if the other parent refuses a change of principal residence?
In case of disagreement, you can submit the matter to the court, for example at the District Court of The Hague. Motivate why the change is in the child's best interest, such as in case of a move. The court rules based on the child's best interest.
Does the principal residence affect my parental authority over the child?
No, the principal residence changes nothing about parental authority. With joint parental authority, parents decide together on important matters, regardless of the child's official address.
Can I move to another city with my child without permission?
With joint parental authority, permission from the other parent is needed for a move. Without agreement, you can request substitute permission from the court. This also applies to moves within the Netherlands and stricter rules for abroad.
For legal support in Rijswijk, you can contact the Juridisch Loket Rijswijk.