When parents separate, child custody is a central question. Since 2006, Belgian law favours shared residence (50/50), to be examined as a priority, unless the child's best interests require another solution.
Joint parental authority is the rule: both parents retain their rights and duties towards the child after separation, and make important decisions together (school, health, religion, travel…).
Distinct from parental authority, residence refers to the child's actual place of living.
Since the law of 18 July 2006, equally shared residence (50/50, usually alternating weeks) is the arrangement to be examined as a priority, provided it serves the child's best interests.
Primary residence with one parent may be ordered if:
- distances between residences are too great
- the infant's age requires it
- serious problems justify it (violence, addictions…)
- the parents agree on another arrangement
Other formulas exist: primary residence with extended weekends, split custody (rare), alternating monthly residence, etc. Everything is negotiable in the child's best interests.
- Advice on the custody arrangement best suited to your situation
- Amicable negotiation with the other parent
- Representation before the Family Court in case of dispute
- Request for modification of the custody arrangement if the situation changes
- Detailed parenting plan (holidays, public holidays, birthdays…)
📞 Book an appointment: +32 495 19 34 77 | 100€ excl. VAT — 30 min | [Book online →]
Your English-speaking lawyer at the Brussels Bar
Sarah Satti, lawyer at the Brussels Bar, primarily practises family law. She guides her clients through all family proceedings with rigour and kindness.
Learn more about Sarah Satti