Family Law 2025

BELGIUM Law and Practice Contributed by: Larissa De Wulf, Carolyn Vanthienen and Alexandra Goossens, Tiberghien

Appearance in Person The appearance of both parties in person at the introductory hearing is obligatory in cases per - taining to: • separate residence; • parental authority; • a child’s living arrangements or the right to personal contact; or • maintenance. However, in all proceedings concerning minors, the requirement for both parents to appear in person is extended to all hearings in which ques - tions regarding the minors will be discussed, and to all substantive hearings (hearings in which the case will be heard on its merits). In exceptional circumstances, the court can grant an exception to this obligation to appear in person. Interests of the Child In all applications regarding a minor, the inter - ests of the child play a key role. In this regard, the Family Court can take all measures or nec - essary acts of investigation – for example, to understand the child’s personality and the envi - ronment in which they are being brought up in order to determine their best interests and their most appropriate upbringing or care. As such, there are no restrictions on the court’s ability to make an order as to a child’s living and contact arrangements, except for the rule that the order must be in the best interests of the child. The court may order a social examination through the competent social service or submit the child to a medical-psychological examina - tion. Where appropriate, the court may also take into account the opinion of the minor themselves (see 3.3 Other Matters ).

Parental Responsibility and Custody As a general rule, parental responsibility is exer - cised jointly by both parents. This means that the parents must decide together on the impor - tant issues relating to the care and upbringing of the children. In exceptional circumstances, the court can deviate from the general rule of joint parental authority, but this is rare and there must be a strong argument for imposing exclu - sive parental authority. As regards custody, evenly divided housing or residence of the child is the preferred arrange - ment. The rules of parental responsibility and custody are the same whether the parents are married, living together or separated. In cases where the parents are no longer living together, and they do not agree on the children’s residence, the court must examine as a matter of priority whether the preferred arrangement (ie, the evenly divided residence of the child) can be applied if at least one parent requests it. The court will take into account the best interests of the child and the quality of contact with each parent. The court can also take into account the interests of the parents, but only if this does not compromise the interests of the child. In assessing the evenly divided residence of the child, the court can – among other things – take the following criteria into consideration: • the need for a stable environment and stabil- ity in terms of relocations; and • the financial feasibility, the way of life of the parents and their availability, and the educa - tional capabilities of the parents.

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