Shared Residence After Separation: A Review and New Findings from the Netherlands

• Author: Anne‐Rigt Poortman,Ruben van Gaalen
• DOI: http://doi.org/10.1111/fcre.12302
• Published date: 01 October 2017
• Date: 01 October 2017

SHARED RESIDENCE AFTER SEPARATION: A REVIEW AND NEW

FINDINGS FROM THE NETHERLANDS*

Anne-Rigt Poortman and Ruben van Gaalen

In 2009 the Dutch legislator introduced a law that sought to encourage shared residence. We summarize key findings on shared

residence from prior work in the Netherlands, and present new data. Previous research showed that shared residence has

increased steadily in recent decades. Our recent estimates revealed that shared residence increased from nearly 20% in 2008

(prereform) to 28% in 2010 (postreform). Official court data showed a decline again to a little over 20% in 2013. We also

found shared residence to be less a stable arrangement than mother or father residence. Consistent with earlier studies, parents

with shared residence were found to be well-resourced parents with little conflict and few personal problems. These parents

were also more likely to maintain this arrangement, but the instability of shared residence also appeared to be related to practi-

cal circumstances and to children’s needs. Earlier findings on the consequences of shared residence for child and parent well-

being were mixed, but suggest positive effects.

Key Points for the Family Court Community:

Shared residence in the Netherlands has increased steadily in recent decades, with a temporary upsurge shortly after a

major law reform promoting shared residence.

Shared residence appears to be less stable than mother or father residence.

Parents who opt for shared residence at separation and maintain this arrangement are mainly a select group of well-

resourced parents who report little conflict and few personal problems.

A change from shared to sole residence also tends to be related to practical circumstances and children’s needs.

Evidence from Dutch studies on the consequences of shared residence for child and parent well-being is mixed, but

suggests positive effects.

Legislating for shared residence in the Netherlands appears to have only been partly successful in promoting shared

residence.

Keywords: Divorce; Joint Custody; Legislative Reform; Shared Parenting; and Shared Residence.

I. INTRODUCTION

Rising divorce rates from the late 1960s onward prompted the Dutch legislature to change laws

regarding divorce in the early 1970s. Reforms were meant to make divorce easier by relaxing the

grounds on which spouses were granted a divorce, resulting in the introduction of no-fault divorce

on October 1, 1971. Two decades later, divorce laws changed again. This time, changing gender

roles, in particular, the increase in fathers’ involvement in childrearing, drove law reform. On

November 2, 1995, a first step was taken toward promoting shared parenting and strengthening the

father’s legal position after divorce: divorcing parents could request joint legal custody instead of the

default of sole (maternal) custody (Staatsblad, 1995). But the request had to be joint, meaning that

one of the parents (often the mother) could easily deny the other parent access to parental authority

by refusing a request by the other parent (Nikolina, 2015). On January 1, 1998, joint legal custody

was introduced (Staatsblad, 1997); divorcing parents by default continued to share parental authority

and responsibilities over their children. Sole legal custody became the exception and was only

granted if the child was drawn into a conflict or suffered from a lack of parental communication and

cooperation (Nikolina, 2015).

Correspondence: a.poortman@uu.nl, r.vangaalen@cbs.nl

FAMILY COURT REVIEW, Vol. 55 No. 4, October 2017 531–544

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C2017 Association of Family and Conciliation Courts