Uddrag af lovgivning med relevans for det familieretslige område

Article 431 of the Criminal Code (nonrestitution of a child)

Those who, being in charge of a minor under 12 years of age, do not present him/her to the persons entitled to claim him/her, will be punished with imprisonment for eight days to one year and a fine of EUR 26 to EUR 100, or only one of these penalties.

Article 432 of the Criminal Code (nonrestitution of a child by the mother or father)

The following will be punished by imprisonment for eight days to one year and a fine of EUR 26 to EUR 100, or by one of these penalties only: the father or mother who removes or attempts to remove his or her minor child from the proceedings instituted against him or her under the legislation relating to youth protection or youth assistance, who removes or attempts to remove him or her from the custody of the persons to whom the competent authority has entrusted him or her, who does not represent him or her to those who have the right to claim him or her, who removes him or her or has him or her removed, even with his or her consent.

If the perpetrator has been deprived of parental authority in whole or in part, imprisonment for up to three years may be imposed.

Article 448 of the Criminal Code (insults)

Anyone who has insulted a person either with facts or with writings, images or emblems, will be punished by imprisonment for eight days to two months and a fine of EUR 26 to EUR 500, or by one of these penalties only.

Article 223 of the Belgian Civil Code

This article authorizes the family court to take urgent measures if one of the spouses is in serious breach of his or her duties or if the agreement between spouses is seriously disturbed.

If one of the spouses seriously fails in their duties, the Family Court orders, at the spouse’s request, urgent measures in accordance with articles [1253-ter/4 to 1253-ter/6] of the Judicial Code.

It is the same at the request of one of the spouses, if the agreement between them is seriously disturbed.

Article 374 of the Civil Code (interests of the child)

This article refers to the interests of the child being taken into consideration by the judge when deciding on the granting of parental authority and the organization of access rights. The court decides, “taking into account the concrete circumstances of the case and the interests of the children and parents.”

Article 1479 of the Civil Code

This article authorizes the family court to take urgent measures if the harmony between the legal cohabitants is seriously disturbed. It provides:

If the harmony between the legal cohabitants is seriously disturbed, the Family Court orders, at the request of one of the parties, urgent measures similar to those provided for in articles 1253-ter/5 and 1253-ter/6 of the Judicial Code.

The Court fixes the period of validity of the measures it orders. In any event, these measures cease to produce their effects on the date of the termination of legal cohabitation, as provided for in Article 1476, § 2, paragraph 6, of the Civil Code, unless these measures concern the common children of legal cohabitants.

After the termination of legal cohabitation, and provided that the request has been made within three months of this cessation, the Court orders the urgent and provisional measures justified by this cessation. It fixes the period of validity of the measures it orders.

The court orders these measures in accordance with Articles 1253-ter to 1253-octies of the Judicial Code.

Article 1382 of the Civil Code (civil liability)

This article provides for compensation, provided a fault, prejudice and causation have been demonstrated.

Relevant provisions of the Belgian Judicial Code (“Judicial Code”) regarding urgent and temporary measures[3]

Articles 1253-ter to 1253-octies of the Judicial Code and Article 1280 of the Judicial Code

These provisions cover urgent and temporary measures that can be decided by the family court, including measures relating to residence and parental authority, among others: to order or modify any provision relating to parental authority, accommodation and the right to personal relations to fix, modify or cancel support payments to fix the separate residences of the spouses and legal cohabitants, etc.

The following will be punished by imprisonment for eight days to one year and a fine of EUR 26 to EUR 100, or by one of these penalties only: the father or mother who removes or attempts to remove his or her minor child from the proceedings instituted against him or her under the legislation relating to youth protection or youth assistance, who removes or attempts to remove him or her from the custody of the persons to whom the competent authority has entrusted him or her, who does not represent him or her to those who have the right to claim him or her, who removes him or her or has him or her removed, even with his or her consent.

If the perpetrator has been deprived of parental authority in whole or in part, imprisonment for up to three years may be imposed.

Act of 15 May 2012 on the temporary residence ban in the event of domestic violence and the law of 15 June 2012 to punish noncompliance with this ban, and amending Articles 594 and 627 of the Judicial Code, as amended by the Act of 5 May 2019

The act provides for the public prosecutor to order the temporary ban of a person from his or her residence, in the event of a serious and immediate threat to the safety of one or more persons under the same roof. The law targets violence between partners but also acts of violence committed, for example, on children. The person being banned will have to leave the common residence immediately and will be prohibited from entering, stopping, being present and coming into contact with persons covered by the order. The ban/prohibition is valid for a maximum of 14 days. A hearing must be scheduled within this period. The family court will be able to lift the ban or extend it for a maximum of three months. Noncompliance with the ban order is penalized by criminal sanctions.