Parental authority and primary residence after divorce in Belgium
After a divorce, questions immediately arise about parental authority over the children, primary residence and access arrangements. In Belgium, two principles prevail: joint parental authority and the best interests of the child.
Joint parental authority: the rule
In Belgium, joint parental authority is the legal rule after divorce. Both parents remain jointly responsible for education, school choice, medical decisions and all other important decisions about the child's life. Only in exceptional cases can the court award exclusive parental authority to one parent.
Primary residence: with which parent does the child live?
The court determines with which parent the child has his or her primary residence. In practice, with co-parenting, the child spends half the time with each parent (evenly divided residence). If co-parenting is not in the child's best interest, the judge determines the primary residence with the most appropriate parent.
Maintenance contribution after divorce
The maintenance contribution is calculated based on the costs for the child, the residence arrangement and the incomes of both parents. Extraordinary costs are shared in proportion to income.
Questions about parental authority after divorce? Contact Novex Lawyers for guidance in family court.