TEXT OF THE LAW JUST APPROVED IN BELGIUM
Note clearly defined the equal population in each parent and strict measures to those who are obstructing the parental relationship and contrary to its provisions. SERVICE PUBLIC FEDERAL JUSTICE
18 JUILLET 2006. - Act tends to favor egalitarian accommodation of a child whose parents are separated and regulating the execution in hosting a child (1)
ALBERT II, \u200b\u200bKing of the Belgians,
To all present and future, Hi.
Rooms We have adopted and endorse the following: CHAPTER I
st. - General provisions Article 1
st. This law regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Amendments to the Civil Code
Art. 2. In Article 374, Civil Code, as amended by the Act of April 13, 1995, the text of the current form of § 1 st , it added § 2 as follows:
§ 2. When parents do not live together and they understand the court of their dispute, the agreement concerning the hosting of children is sanctioned by the court unless it is manifestly contrary to the interests of the child.
Failing agreement, in case of joint custody, the court looks primarily at the request of a parent at least the possibility of fixing the housing of the child on an equal footing between his parents.
However, if the court finds that the accommodation egalitarian is not the most appropriate formula, it may decide to set a non-egalitarian accommodation.
The court decides in any case by a specially reasoned decision, taking into account the concrete circumstances of the case and the interests of children and parents. "
Art. 3. Article 387bis of the Code, as inserted by the Act of April 13, 1995, is supplemented by the following clauses:
"Without prejudice to Article 1734 of the Judicial Code, the court attempts to reconcile the parties. It gives all relevant information about the procedure and in particular interest to resort to mediation as provided in Part VII of the Judicial Code. If it finds that a reconciliation is possible, it may order the temporary deferment of the proceedings to enable parties to obtain all relevant information in this regard and begin the mediation process. The duration of the temporary deferment may not exceed a month.
The court may of its own motion, order a preliminary measure designed to examine the application or temporarily set the situation of the parties for a period specified.
When entered for the first time such a request, unless approved by all parties and the public prosecutor, the court Youth act as provisional. The issue may be revisited at a later hearing, a date set automatically in the trial in a period not exceeding one year, and unless a new notice of an earlier date, as indicated in the following paragraph.
Before the juvenile court, the issue remains for trial until the children involved in the dispute are emancipated or reach the age of majority. In case of new evidence, it can be brought to court by finding or by written request, filed or addressed to the Registry.
Article 730, § 2, a) of the Judicial Code does not apply to those causes. .
Art. 4. 387ter an article, written as follows, is inserted into the same code
"Article 387ter. § 1 st . When one parent refuses to execute the judicial decisions relating to children and accommodation for the right relationships, the cause may be brought before the competent court. Notwithstanding section 569, 5 of the Judicial Code, the competent judge is the one who made the decision that has not been met, unless another judge has been been before, in which case the application is brought before it.
The judge decides to drop everything.
Except in emergencies, this may include:
- undertake further investigative measures such as social investigation or expertise,
- make an attempt at conciliation,
- suggest that the parties use the mediation as provided for in Article 387bis.
may take further decisions relating to parental authority or housing of the child.
Without prejudice to criminal proceedings, the judge may permit the party affected by the violation of the decision referred to in paragraph 1 st to resort to coercive measures. It determines the nature of these measures and how they exercise with regard to the interests of the child and shall, if considered necessary, persons authorized to accompany the bailiff to carry out its decision.
The judge may impose a penalty designed to ensure compliance with the decision to intervene, and in this case, that for the execution of this penalty, section 1412 of the Judicial Code is applicable.
The decision is provisionally enforceable right.
§ 2. This article is also applicable when rights of the parties shall be settled by an agreement as provided in section 1288 of the Judicial Code. In this case, without prejudice to § 3, the court is seized by contradictory motion.
§ 3. In case of absolute necessity and without prejudice to recourse to Article 584 of the Judicial Code, the authorization to use coercive measures referred to in § 1 st may be requested by unilateral application. Sections 1026 to 1034 of the Judicial Code shall apply. The applicant must attach to the support of the request all relevant documents purporting to show that the recalcitrant party has been notice to meet its obligations and that it opposed the execution of the decision.
The registration of an application is held without charge. The request is on file in the proceedings that led to the decision that was not met, unless another court has been seized since then.
§ 4. This section does not prejudice the international provisions binding on Belgium in the field of international child abduction. "
CHAPTER III. - Amendment of the Judicial Code
Art. 5. Article 1412, paragraph 1 st of the Judicial Code, amended by Laws of 31 March 1987 and January 14, 1993, is supplemented as follows:
"3 when the judge made under section 387ter, paragraph 2, of the Civil Code. "
promulgate this law and order that it be sealed with the seal of the State and published in the Moniteur belge.
Given at Brussels, 18 July 2006. ALBERT
By the King:
The Minister of Justice, Ms. L.
ONKELINX
Seen and sealed with the seal of the State:
The Minister of Justice, Ms. L.
ONKELINX
_______
Notes (1) Regular Session 2004-2005.
House of Representatives.
Parliamentary Papers. - Bill, No. 51-1673/001 of March 17, 2005. - Amendments, No. 51-1673/002 to 006.
regular session
Parliamentary Papers 2005-2006. - Amendment, No. 51-1673/007 to 13. - Report on behalf of the Subcommittee, No. 51-1673/14. - Amendments, No. 51-1673/15 bone to 17. - Report on behalf of the Committee, No. 51-1673/18 - Text adopted by the commission, No. 51-1673/19. - Amendments, No. 51-1673/20. - Text adopted in Plenary and transmitted to the Senate, No. 51-1673/21.
Full Report. - Meeting of March 30, 2006.
Senate.
Parliamentary Papers. - Project referred to by the Senate, No. 3-1645/1. - Amendments, No. 3-1645/2 3. - Rapport fait au nom de la commission, No. 3-1645/4. - Texte corrige par la commission, No. 51-1645/5. - Amendements, No. 3-1645/6. - Décision de ne pas amender, No. 3-1645/7.
Annales parlementaires: 8 juin 2006.
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