Child Custody in Belgium: Accommodation, Parental Rights, and Child Support (2025)

Child custody in Belgium is an area of family law that raises many questions among parents undergoing separation or divorce. This introduction aims to clarify the main aspects of this subject, including accommodation, parental rights, and child support, based on Belgian legal provisions.

Child Accommodation

In Belgium, child accommodation after a separation can be organized in different ways. The Belgian Civil Code, notably Article 374, provides for two main types of accommodation: equal accommodation and primary accommodation. Equal accommodation, where the child spends an equivalent amount of time with each parent, is increasingly favored by courts as it promotes the child's balance and well-being. However, depending on the circumstances, one parent may be granted primary accommodation, with the other parent having visitation rights. A concrete example is a child living mainly with their mother in Brussels but spending every other weekend and half of the school holidays with their father residing in Antwerp.

Parental Rights

Parental rights, often referred to as parental authority, are generally exercised jointly by both parents, whether they are married, separated, or divorced. Article 373 of the Civil Code stipulates that important decisions regarding the child's health, education, and activities must be made by mutual agreement. For example, if a child needs to change schools, both parents must consent to this decision. In case of persistent disagreement, the family court can be called upon to decide.

Child Support

Child support is a legal obligation in Belgium, intended to cover the child's needs. It is calculated based on each parent's income and the child's specific needs. According to a 2022 study, the average child support in Belgium amounts to approximately 175 euros per month per child. Parents can agree on an amount between themselves or, in case of disagreement, the family court will intervene to set this amount. For example, a parent earning 3,000 euros per month might be required to pay child support of 200 euros monthly for a child.

In conclusion, child custody in Belgium is governed by clear rules aimed at protecting the child's well-being while respecting the parents' rights. It is essential for parents to familiarize themselves with these legal provisions to navigate this often delicate period of their lives as best as possible.

In Belgium, child custody after separation is based on several types of accommodation. Parents must make a decision that best serves the child's interest while respecting certain legal frameworks.

Equal Accommodation

Equal accommodation is increasingly common in Belgium. According to Article 374 of the Belgian Civil Code, this custody arrangement involves the child spending an equivalent amount of time with each parent. Typically, this distribution is done on a weekly alternating basis. For example, the child might spend one week with one parent and the next with the other. This type of accommodation requires effective cooperation and communication between parents. It is often adopted when both parents live nearby and have work schedules compatible with this arrangement.

Primary Accommodation

Primary accommodation, on the other hand, involves the child residing mainly with one parent, while the other has visitation rights. This visitation right is often set at every other weekend and half of the school holidays. According to statistics, about 25% of children of separated parents live under this regime. This type of accommodation is often chosen when parents live far apart or when one parent has significant professional constraints.

Factors Influencing Accommodation Choice

The choice between these types of accommodation depends on several factors, including the child's age, specific needs, and each parent's ability to meet those needs. The stability of the child's school and social environment is also taken into account.

Examples of Concrete Situations

Take the example of Michel and Sophie, who live in Brussels and have two children aged 8 and 10. Michel works full-time, while Sophie has flexible hours. They opted for equal accommodation, allowing them to remain involved in their children's daily lives. Conversely, Pierre and Claire, living in different cities, chose primary accommodation with Claire due to the distance and Pierre's professional commitments.

Finally, it is important to note that the family court can be called upon to decide in case of disagreement between parents, in accordance with Article 387bis of the Civil Code. In all circumstances, the child's best interest remains the primary criterion in choosing the type of accommodation.

Parental rights in Belgium, also known as parental authority, encompass a set of rights and duties that parents exercise concerning their children. These rights include making decisions about education, health, religion, and the children's residence. In Belgium, parental authority is generally joint, even after separation or divorce, unless a court decides otherwise in the child's best interest.

Joint parental authority means that both parents must be involved in important decisions regarding their child's life. For example, if one parent wishes to enroll the child in a private school or take them abroad for an extended vacation, the other parent's consent is necessary. This can be a source of disputes, and in such cases, the family court can intervene to decide, in accordance with Articles 373 to 387bis of the Belgian Civil Code.

It is crucial to note that parental authority should not be confused with accommodation. A parent may have primary accommodation of the child without having exclusive rights over parental decisions. For example, even if the child resides mainly with their mother, the father retains full parental rights and must be consulted for any major decision.

In certain situations, a parent may be deprived of parental authority, such as in cases of child endangerment. This decision is made by the family court after evaluating all circumstances. This deprivation can be total or partial and is always motivated by the child's best interest.

Respecting parental rights may sometimes require family mediation to resolve disagreements. Mediation is encouraged by Belgian law and can be an effective solution to avoid lengthy and costly judicial procedures, as stipulated in Article 1730 of the Judicial Code.

In practice, a separated couple from Brussels recently illustrated these principles. Both parents, although separated, managed to agree on their child's schooling and medical care while living in different communes. They avoided costly judicial conflicts by opting for mediation, demonstrating that maintaining open communication is often in the child's best interest.

Child Support: What You Need to Know

Child support for children is a legal obligation in Belgium, intended to ensure the children's well-being after a separation or divorce. It is governed by articles of the Civil Code, notably Article 203, which states that parents have a duty to provide for their children's needs, proportionally to their respective resources.

Calculation and Amount of Child Support

The amount of child support is not standardized by law but depends on several criteria. The main factors include the parents' incomes, the children's specific needs (such as schooling, medical care, and extracurricular activities), and the chosen custody arrangement. For example, a parent with primary custody might receive higher child support to cover daily costs. Parents can agree on an amount by mutual consent, but in case of disagreement, the Family Court is competent to decide.

Revision and Indexation

Child support can be revised, either amicably or by judicial decision, if a significant change in one parent's financial situation or the child's needs occurs. Additionally, child support is generally indexed annually to account for inflation, which is a legal obligation according to Article 203bis of the Civil Code. This means that the amount paid is adjusted to maintain its purchasing power.

Concrete Examples

Take the example of Sophie and Marc, parents of two children aged 8 and 12. After their separation, they agree on shared custody, but Marc, having a significantly higher salary, pays child support of 350 euros per child each month to contribute to extracurricular and schooling expenses. In case of disagreement over annual indexation, Sophie can approach the Family Court to assert her rights.

Consequences of Non-Payment

In case of non-payment of child support, the creditor can appeal to the Service of Alimony Claims (SECAL), which has legal means to recover arrears. SECAL can, for example, seize the debtor's income or block bank accounts to ensure payment.

Thus, child support is a crucial mechanism to ensure that children's needs are met, and it adapts to changes in the parents' family and economic situation.

The role of notaries and the FPS Justice is essential in managing issues related to child custody, parental rights, and child support in Belgium. These institutions provide a legal framework and support to ensure that the agreements reached are fair and comply with Belgian legislation.

Intervention of Notaries

Notaries play a crucial role in drafting and formalizing agreements concerning child custody and child support. They ensure that the agreements comply with legal provisions while meeting the specific needs of the parties involved. For example, during a separation, parents may choose to draft a "parental agreement" specifying accommodation arrangements, visitation rights, and the amount of child support. Once notarized, this agreement has enforceable power and can be directly applied in case of dispute. Notarial fees for such an act can vary but generally range from 750 to 1,500 euros, depending on the complexity of the agreement.

Role of the FPS Justice

The Federal Public Service (FPS) Justice primarily intervenes in the enforcement and control of judicial decisions related to child custody and child support. In case of non-compliance with obligations, the FPS Justice can implement coercive measures to ensure the payment of child support. The Law of March 19, 2010, on the reception of children of separated parents (Article 1322bis of the Civil Code) provides that non-payment of child support can lead to sanctions, such as direct deduction from the debtor's salary.

Practical Examples

Consider the case of Julie and Marc, who separate amicably. They decide together that their son, Lucas, will reside mainly with Julie, while Marc will pay a monthly child support of 300 euros. They choose to formalize this agreement before a notary to avoid future disagreements. However, if Marc does not comply with this commitment, Julie can appeal to the FPS Justice to obtain payment through wage garnishment from Marc.

In summary, notaries and the FPS Justice are key players in ensuring that agreements related to child custody and child support are respected, thus providing legal and financial security to the parties involved. Through their intervention, parents can focus on what matters most: the well-being of their children.

The Service of Alimony Claims (SECAL) plays a crucial role in Belgium in supporting families facing difficulties in paying child support. Created in 2003, SECAL intervenes to ensure the payment of this support, essential for children's well-being.

Functioning of SECAL

SECAL intervenes when the debtor parent does not pay the child support decided by the court. According to Article 1322bis of the Judicial Code, the creditor parent can request SECAL's assistance if the child support payment is more than two months overdue. SECAL can advance unpaid amounts up to a ceiling of 175 euros per month per child, which provides temporary support to the creditor parent while initiating steps to recover the amounts due from the debtor.

Conditions for Intervention

To benefit from SECAL's support, several conditions must be met. The creditor parent must prove that amicable steps have been taken, such as sending reminders or formal notices to the debtor. Furthermore, SECAL only intervenes if the judgment or order setting the child support has been served on the debtor by bailiff's exploit, in accordance with Article 1494 of the Judicial Code. It is also imperative that the creditor parent resides in Belgium.

Concrete Examples

Imagine the case of Sophie, a mother of two children, who has not received child support for three months. After several unsuccessful attempts to obtain payment from her ex-partner, she contacts SECAL. After verifying the documents and preliminary steps, SECAL starts paying her 350 euros per month, corresponding to 175 euros per child, while initiating a recovery procedure for the arrears from the debtor.

Recovery Procedure

SECAL can use various methods to recover the advanced amounts, including wage garnishment or seizing the debtor's benefits. According to Article 1445 of the Judicial Code, these procedures can be launched quickly, often within four to six weeks after the creditor parent's request.

Thus, SECAL represents a safety net for Belgian families, guaranteeing them financial support in case of the debtor parent's default, while ensuring the recovery of advanced amounts. This intervention is crucial for maintaining financial stability within the affected households, ensuring that children's needs remain prioritized.

Children's rights in matters of custody and child support are paramount in Belgium, and the general delegate for children's rights plays a crucial role in ensuring them. One of the main missions of this delegate is to ensure compliance with children's rights as defined by the International Convention on the Rights of the Child, as well as by Belgian legislation.

Role of the General Delegate

The general delegate for children's rights in Belgium is a key interlocutor for all issues affecting children's rights and well-being. In case of disputes concerning custody or child support, the delegate can be approached by families or the children themselves. For example, if a child feels that their interests are not being considered during a custody procedure, they can contact the general delegate for advice or intervention. The general delegate can then propose solutions or mediations to resolve the conflict amicably.

Interventions and Mediations

In matters of child custody, the Belgian Civil Code (Article 374) stipulates that both parents must make decisions together concerning the children, unless otherwise provided. The general delegate can act as a mediator when parents cannot reach an agreement on shared custody. For example, in a case where a parent refuses to comply with the custody arrangements set by the court, the delegate can suggest mediation sessions to restore constructive dialogue between the parents.

Concrete Examples

Consider a situation where a parent does not comply with the child support amount set by the court. The average child support amount in Belgium is about 150 euros per child, but this figure can vary depending on the parents' incomes. If a parent pays only 100 euros instead of the 150 euros ordered, the general delegate can help remind the parent of their legal obligations and direct the creditor to services like SECAL to recover the arrears.

Conclusion

The general delegate for children's rights is an indispensable actor in ensuring the respect of children's rights in custody and child support situations in Belgium. By offering mediation services and ensuring that legislations such as the Belgian Civil Code are respected, they contribute to creating an environment where children's rights are protected and valued.