BELGIUM Law and Practice Contributed by: Larissa De Wulf and Carolyn Vanthienen, Tiberghien
of the parents. This is to prevent, for instance, a par ‑ ent deliberately taking measures to lower their income with the only goal being to reduce child maintenance payments. The parents can always reach an agreement regarding child maintenance payments. However, given that the obligation of the parents to provide housing, main ‑ tenance, healthcare, supervision, education, training and development for their children in proportion to their means is a matter of public policy, it cannot be stated that one parent is relieved of this obligation. Nevertheless, this does not mean that it would not be possible to determine that no child maintenance is due. If the parents wish to be able to enforce this agreement, they can ask the court to homologate their agreement, whereby the court may assess the con ‑ tent of this agreement against the best interests of the child. 3.3 Other Matters Components of Parental Authority The upbringing of a child is part of parental authority. Parental authority, as well as the housing of minor children, are matters of public policy. This means that the measures taken in this context should always correspond to the best interests of the child. When parents disagree on how to raise a child (eg, regard ‑ ing schooling or medical choices), a parent can initi ‑ ate a proceeding. When ruling on a dispute brought before the court, the judge will take the best interests of the child into consideration (see 3.2 Living/Contact Arrangements and Child Maintenance ). Parental Alienation There are no specific provisions regarding parental alienation under Belgian law, but the topic continues to gain attention. However, it is not easy for a court to establish parental alienation, and the courts are there ‑ fore very cautious about citing parental alienation in their judgments and will only do so if this is confirmed by an expert. In the case of parental alienation, the court can take certain measures – for example, imposing equally divided residence between both parents or, in very severe cases, the court may also decide to completely
overturn the residence arrangement. Another option is to impose a visitation in a neutral visiting room. How ‑ ever, there is no sanction for non-compliance with this measure, unless a parent seeks a penalty payment. Another option is to engage family mediation. Some courts also apply the Cochem model, whereby the court tries to restore the parents’ sense of responsibil ‑ ity in order to find an agreement in the best interests of the child. The court may also order psychological support for the child. If Family Court proceedings are not sufficient, then – according to some judges – it is necessary to proceed under juvenile protection law. In that case, the juvenile court has a number of other tools at its disposal, such as counselling the child, and placement of the child in serious cases of parental alienation. Hearing of a Minor by a Judge If the minor is younger than 12 years old, they will be heard at their own request or at the request of the parents, of the public prosecutor or, ex officio, of the court. The judge may refuse to hear a minor under 12 years of age, except when such a request is made by the child or by the public prosecutor. If the minor is 12 years old, they will be informed by a letter from the court of their right to be heard. How ‑ ever, the child is never obliged to be heard and can refuse. The court will hear the minor at a place it considers appropriate and, unless the court decides otherwise, the hearing will take place with no one else present except for the clerk of the Family Court. The record of the interview is attached to the court file and reflects what the minor has said. The minor is informed that the parties may take note of it. If, during the interview, the court finds that the minor does not have the nec ‑ essary discernment, a note will be made of this in the report. The interview with the minor will not have the effect of making them a party to the proceedings. Appropriate importance will be attached to the minor’s opinion in accordance with their age and maturity.
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