Belgium stands as a stalwart defender of children’s rights, actively engaging in international agreements to combat issues related to unlawful movements and parental abduction. As a key participant in several pivotal treaties, Belgium underscores its commitment to upholding the well-being of children and resolving cross-border disputes efficiently. This exploration delves into Belgium’s legal stance, with a primary focus on The Hague Convention of 1980 and other pertinent international accords.

International Agreements:

The Hague Convention of 1980: At the heart of Belgium’s dedication lies The Hague Convention, a cornerstone agreement addressing the civil dimensions of international child abduction. This treaty aims to standardize decisions on parental authority across participating states and ensures the swift repatriation of children taken abroad against the judgment of their home state.

Convention of 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement, and Cooperation in Parental Responsibility and Child Protection Measures: Belgium extends its commitment to the 1996 Convention, offering guidelines on jurisdiction, applicable law, recognition, enforcement, and cooperation in matters of parental responsibility and child protection.

European Convention on Recognition and Enforcement of Decisions Regarding Parental Authority (1980): As a party to the European Convention, Belgium underscores its dedication to recognizing and enforcing decisions related to parental authority.

Council Regulations of 2003 on the Recognition and Enforcement of International Judgments (Brussels II bis): Within the European Union, Belgium adheres to Council Regulations focusing on the recognition and enforcement of international judgments related to parental authority.

European Court of Human Rights:

Aligning with The Hague Convention, Article 6(1) of the European Convention on Human Rights (ECHR), and the United Nations Convention on the Rights of the Child, the European Court of Human Rights places paramount importance on preserving the unity of parents and children.

Role of The Hague Convention in Belgian Courts:

Belgian courts proactively apply The Hague Convention, assigning competence for handling claims and making rulings in international child abduction cases. The family court assumes a pivotal role, treating these cases as summary proceedings and often conducting them in camera for a swift resolution.

Objectives of The Hague Convention:

The Convention serves dual purposes: upholding national decisions on parental authority in participating states and ensuring the immediate return of a child taken abroad against the judgment of their home state.

Central Authority:

Each participating state designates a „central authority,” including Belgium, responsible for fostering collaboration between competent authorities to secure the return of children and fulfill other objectives outlined in The Hague Convention.

Criminal Penalty for Non-Representation:

Article 432 of the Belgian Criminal Code imposes sanctions for a parent’s violation of a judgment regarding the housing of a minor child. This encompasses cases of non-representation, attempted abduction, and abduction, even with the child’s consent. Belgian courts, including the Final Court of Appeal, emphasize the legal consequences for such actions.

Conclusion:

Belgium’s proactive approach within international agreements, coupled with a robust domestic legal framework, underscores its commitment to safeguarding children in the face of unlawful movements and parental abduction. The comprehensive legal provisions reflect Belgium’s dedication to protecting the rights and welfare of children involved in cross-border family disputes.