
By Peter Tromp, Netherlands,
Eugen Hockenjos, UK
After divorce fathers do not get any help in caring
for their children. They are treated as if they only have to
care and live for themselves as individuals and have no relation
with their children as caring parents.
They do not get help with housing, they do not
get help for fares. Even when their children are with them for
half the summer holiday, they do not get child top-up benefit
moneys when unable to work due to illness or because of an accident
at work or after a firm they worked for had gone bust
The social changes since the second world war are
not reflected in social security schemes in the European countries.
All moneys go to mothers.This is historically,
because payments in the past were given to the mother, in the
age where divorce was uncommon.
All European countries are required under EU
Law Directive 79/7 to operate social security schemes that
do not discriminate against claimants on the grounds of a claimants
gender.
In the Netherlands, Here is the answer to your
question on the Dutch situation regarding acknowledgement of
equal parenting or shared care arrangements in Dutch Social Security
Laws:
Equal parenting or shared care
(In Dutch: co-ouderschap) is nowhere dealt with in the Dutch
social security laws. It simply doesn’t
exist or is denied in the Dutch Social Security laws.
But on the lower levels of some (not all) Dutch executional institutions
on Social Security there are sometimes executional directives or
regulations in place to deal with shared care or equal parenting
arrangements anyway, allthough not backed up by the law.
In the case of the Dutch executional office - called
Social Security Bank (In Dutch: Sociale Verzekerings Bank – SVB) – dealing
with the payments of child benefits (in Dutch: Kinderbijslag),
the regional branches of this office have made such an executional
directive or regulation of their own to deal with shared care,
which is not supported by any Dutch law.
The directive or regulation is executed by using forms that have
to be filled in by parents if their specifics have changed. On
these forms you can both indicate:
a. how you want the child benefits to be proportioned between
both parents sharing care after a divorce
b. and on which two bankaccounts the child benefits have to be
paid out to
But, and this is crucial: Both (ex)partners must be in full agreement
on the distributing arrangement and this has to be proved by adding
a written and signed contract on the subject, signed by both parents.
As soon as there is no cöoperation or written
agreement between both parents the child benefits will again
and immediately only
be paid to the account of the parent where the children are registered
to be living with, usually the mother.
In the UK: see case C3/2003/0893 ...
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