Best Child Custody Lawyers in Hasselt

About Child Custody Law in Hasselt, Belgium

Child custody in Hasselt follows Belgian federal family law, applied locally by the Family Court within the judicial district of Limburg. The law focuses on the best interests of the child, with a strong presumption that both parents should continue to exercise parental authority after a separation or divorce. Courts encourage parents to agree on a parenting plan that covers where the child lives, how time is shared, decision making, and financial support. If parents cannot agree, a judge will issue binding orders tailored to the child’s needs and circumstances.

Hasselt is a Flemish city, so proceedings are usually in Dutch, but parties can request interpretation. Mediation is widely used and often recommended before or during a court case. Children have the right to be heard, particularly from age 12, and their views are considered in light of their maturity.

Why You May Need a Lawyer

Many parents navigate separation amicably. Still, a lawyer can be crucial when disagreements arise or when legal safeguards are needed. Situations that commonly require legal help include disputes over where the child will primarily live, requests for equal time arrangements, complex schedules due to work or school, holiday and travel disagreements, relocation plans within Belgium or abroad, disagreements over education, health care, religion, or extracurricular activities, concerns about safety, neglect, or domestic violence, allegations of parental alienation, supervised contact or contact center arrangements, child support calculations, extraordinary expenses, and enforcement of orders when the other parent does not comply.

Legal advice is also important if your case has an international element, such as cross border moves, differing nationalities, or potential child abduction concerns. A lawyer can help you gather evidence, negotiate a settlement, and present your case effectively to the Family Court in Hasselt or another competent division in Limburg.

Local Laws Overview

Parental authority. Belgian law starts from joint parental authority after separation. This covers major decisions about the child’s upbringing. Sole authority is exceptional and requires serious reasons in the child’s best interests.

Residence and time with each parent. The court can order alternating residence with broadly equal time, a primary residence with one parent and contact for the other, or another arrangement suited to the child’s needs. Equal time is possible when practical and in the child’s interests, considering age, distance, routines, and parental cooperation.

Contact rights. Children have the right to maintain personal relationships with both parents and significant caregivers unless contact is harmful. If needed, the court can order supervised contact through an approved visitation service in Limburg.

Child support. Each parent must contribute to the child’s maintenance based on the child’s needs and each parent’s resources. Courts consider income, housing costs, benefits, and time spent with the child. Support is typically indexed yearly. Extraordinary expenses such as medical, school, and activities are usually shared according to an agreed or ordered percentage.

Relocation and travel. A parent cannot unilaterally move a child in a way that disrupts the agreed or ordered residence arrangement. Written consent from the other parent or a court order is advisable before relocating or taking extended trips abroad. For international moves and travel, proof of consent is often required.

Child’s voice. Children from age 12 are normally invited to be heard by the judge. Younger children can also be heard if they request it or if the judge finds it useful. The judge listens but is not bound by the child’s preference.

Mediation and agreements. Parents can negotiate a parenting plan and submit it to the Family Court for approval. Family mediation by an accredited mediator is encouraged and can be ordered alongside the court process. Approved agreements become enforceable orders.

Urgent measures. If there is immediate risk to a child or a parent, urgent measures can be requested. These may include temporary residence and contact arrangements, protective orders, or supervised contact pending a full hearing.

Procedure and jurisdiction. Child custody cases are handled by the Family Court of the Court of First Instance Limburg, with divisions including Hasselt. Jurisdiction usually follows the child’s habitual residence. Cases typically begin by summons or petition, a first appearance is scheduled, and the court may set timelines, order mediation, or appoint an expert such as a social investigation. Timelines vary, but interim orders can be made relatively quickly when needed.

International aspects. EU rules on jurisdiction and recognition of judgments apply in most cross border cases within the EU. International child abduction is addressed under the 1980 Hague Convention, with a designated central authority in Belgium. The focus remains on the child’s habitual residence and swift return, subject to narrow exceptions.

Enforcement. If a parent does not comply with orders, remedies include bailiff enforcement, fines, adjustment of the arrangement, and in serious cases criminal proceedings for non presentation of a child. The Family Court can tailor enforcement to minimize harm to the child.

Language and accessibility. Proceedings in Hasselt are conducted in Dutch. Parties who do not speak Dutch should request an interpreter early. Means tested legal aid is available for those who qualify.

Frequently Asked Questions

What is the difference between parental authority and residence?

Parental authority concerns major decisions about a child’s life, such as schooling and healthcare. Residence describes where the child lives and how time is shared between parents. Belgian law favors joint parental authority even when the child has a primary residence with one parent.

Is equal time the default in Hasselt?

Equal or nearly equal time is possible but not automatic. The court assesses practicality and the child’s best interests, including age, distance between homes, parental cooperation, and routines. If equal time is not appropriate, the court will order a different schedule.

Can my child choose which parent to live with?

Children from age 12 are invited to share their views with the judge, and younger children can be heard as well. The judge considers the child’s opinion along with all other factors but makes the final decision based on best interests.

How is child support calculated?

Support is based on the child’s needs and each parent’s financial capacity. Courts look at income, benefits, housing, and the time the child spends with each parent. There are recognized methods and reference scales to guide amounts. Support is indexed annually and usually includes a plan for extraordinary expenses.

What if the other parent refuses to follow the schedule?

You can first try to resolve the issue through dialogue or mediation. If that fails, a lawyer can seek enforcement, including bailiff action or court intervention. Persistent refusal can lead to fines or adjustments to the arrangement.

Can I move to another city or country with my child?

Not without the other parent’s written consent or a court order if the move affects the current arrangement. For international moves or extended travel, consent and documentation are especially important. The court weighs reasons for the move against the impact on the child’s relationship with both parents.

Do I have to go to court if we agree on everything?

No, but formalizing your agreement is wise. You can submit a parenting plan to the Family Court for approval. Once approved, it becomes an enforceable order that can prevent future misunderstandings.

How long will a custody case take in Hasselt?

Timeframes vary. Simple agreed cases can be approved within weeks. Contested cases with reports or expert assessments can take several months or longer. Urgent temporary measures can often be obtained more quickly.

Will the proceedings be in Dutch?

Yes, in Hasselt the language of the court is Dutch. If you do not speak Dutch, ask the court or your lawyer to arrange an interpreter. Do not wait until the hearing to raise this need.

Can grandparents or other relatives get contact rights?

Yes, Belgian law allows grandparents and other persons who have a meaningful relationship with the child to request contact if it is in the child’s best interests. The court will consider the history and the child’s welfare.

Additional Resources

Family Court of the Court of First Instance Limburg, Hasselt division.

Balie Limburg - local bar association for lawyer referrals.

Bureau voor Juridische Bijstand Limburg - legal aid office for second line legal assistance.

Justitiehuis Limburg - justice house offering first line legal information and victim support.

Federale Bemiddelingscommissie - register of accredited family mediators.

Begeleide omgangsbegeleiding and contact centers in Limburg for supervised contact.

Agentschap Opgroeien and Huis van het Kind Hasselt for parenting support and information.

Federale Overheidsdienst Justitie - information on family law and recognition of judgments.

Central Authority for International Child Abduction in Belgium for cross border cases.

CAW Limburg - general welfare services and support in difficult family situations.

Next Steps

Clarify your goals. Write down your priorities for your child, concerns, and any practical constraints such as work schedules and school locations. Gather relevant documents such as birth certificates, school reports, medical information, and any prior agreements or orders.

Try dialogue or mediation. If it is safe to do so, discuss a parenting plan with the other parent. Consider contacting an accredited family mediator in Limburg to structure the conversation and draft a balanced plan.

Seek legal advice early. Consult a family lawyer in Hasselt to understand your options, likely outcomes, and evidence needed. Ask about timelines, costs, and whether legal aid is available based on your income.

Consider interim solutions. If you need a temporary arrangement or urgent protection, your lawyer can request interim measures from the Family Court while the case is ongoing.

File or formalize agreements. If you reach an agreement, ask your lawyer to submit it to the Family Court for approval so it becomes enforceable. If you cannot agree, your lawyer will file the appropriate petition or summons and prepare you for hearings.

Focus on the child’s best interests. Courts in Hasselt center decisions on stability, safety, and continuity for the child. Show how your proposals meet those needs and be open to child focused compromises.

This guide provides general information only. For advice about your situation in Hasselt or elsewhere in Limburg, contact a qualified family lawyer or legal aid service.