Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Family Lawyer
Child custody in Lessines is governed by Belgian family law as applied in the Walloon region. The law prioritizes the best interests of the child and recognizes parental responsibility - the set of rights and duties parents have toward their child. Parental responsibility is usually shared by both parents, even after separation or divorce, but specific arrangements for where the child lives and how contact is organised are decided case by case. Courts in Belgium make decisions based on the child-s welfare, stability, and practical needs. Local services and courts in Hainaut province administer processes and measures that affect custody, contact, protection and enforcement.
Child custody matters touch on sensitive personal and legal issues. You may need a lawyer if you are involved in any of the following situations:
- You and the other parent disagree about where the child should live or how parenting time should be shared.
- One parent wants to move the child to a different city, region or country - these moves raise complex legal and jurisdiction issues.
- There are allegations of neglect, abuse or domestic violence and you need immediate protective measures for the child.
- You need to modify an existing court order for custody, residence, contact or child maintenance because circumstances have changed.
- You are facing cross-border issues such as possible child abduction, or need enforcement or recognition of a foreign custody order - EU and international rules may apply.
- You need help understanding your rights, preparing evidence for court, negotiating an agreement, or using mediation safely and effectively.
Key legal points to know in Lessines and across Belgium:
- Parental responsibility - Both parents generally retain parental responsibility. This covers major decisions such as education, health care and religion. Parental responsibility can be modified by a court in specific circumstances.
- Residence and contact - Courts decide the child-s habitual residence (where the child lives) and set contact arrangements or shared residence plans according to the child-s best interests.
- Best interests of the child - This is the primary legal standard. Courts assess the child-s emotional, educational, health and social needs, and the capacity of each parent to meet them.
- Emergency and protection measures - If a child is at risk, the juvenile protection services and public prosecutor-s youth section can request immediate protective measures from the court. Social services in Wallonia - Service d-Aide a la Jeunesse - can also intervene.
- Child maintenance - Parents have a continuing obligation to financially support their child. Maintenance is determined based on income, the child-s needs and the family-s situation.
- Alternative dispute resolution - Mediation is widely encouraged and often considered by courts. It can be quicker and less adversarial than court proceedings, but a lawyer can help you evaluate whether mediation is safe and suitable.
- International rules - For cross-border disputes within the EU, Brussels IIa regulation governs jurisdiction and recognition of custody decisions. The Hague Convention on the Civil Aspects of International Child Abduction applies to international abduction cases with treaty countries.
If parents do not agree, a judge in the Family Section of the Court of First Instance will decide based on the best interests of the child. Judges consider stability, the child-s existing living arrangements, relationships with each parent, schooling and practical day-to-day factors.
Yes. Shared residence or joint physical custody is possible if it meets the child-s needs and both parents can cooperate on day-to-day care. Courts assess feasibility in light of distance, work schedules and the child-s wellbeing.
The child-s views may be considered depending on age and maturity. There is no fixed age for when a child-s opinion is decisive. The judge will weigh the child-s expressed wishes together with objective factors that affect their best interests.
Relocation that affects the child-s habitual residence requires either the other parent-s consent or a court decision. Moves abroad or to a distant region raise stronger legal scrutiny because they can limit the non-moving parent-s contact. A lawyer can help assess legal risks and prepare a relocation request or opposition.
If there is immediate danger, contact local police and emergency services. You can also contact Walloon youth protection services - Service d-Aide a la Jeunesse - and the public prosecutor-s youth section, which can ask the court for urgent protective measures. A lawyer can help secure emergency orders and coordinate with social services.
You usually start by filing an application at the Family Section of the Court of First Instance in the judicial arrondissement that covers your home. Many cases begin with a lawyer-s petition. Courts may encourage mediation first, but urgent cases can proceed immediately. Bring documents such as the child-s birth certificate, school records, any existing orders and evidence relevant to your case.
Yes, subject to EU and international conventions. Within the EU, Brussels IIa helps recognition and enforcement of parental responsibility measures. For non-EU orders, the Hague Convention and bilateral rules may apply. Enforcement can be complex and usually requires legal assistance.
Timing varies widely. Simple consensual agreements or mediated arrangements can be concluded in weeks to a few months. Contested court proceedings often take several months and sometimes longer, depending on complexity, evidence and court calendars. Urgent protection measures can be obtained much faster.
Evidence that shows what is best for the child is most relevant - for example school reports, medical records, testimony about the child-s daily routine, proof of parental involvement, expert reports, and any records of domestic incidents. Courts also value reports from youth welfare services or social workers. A lawyer can help gather and present appropriate evidence.
Yes. Belgium offers legal aid - aide juridique or rechtsbijstand - for people who meet income and asset criteria. Contact the local Bar Association office or the court registry to apply. Legal aid can cover partial or full lawyer fees depending on your situation.
Useful local and national bodies and organisations to contact or research:
- Family Section of the Court of First Instance - for filing custody and related proceedings.
- Local Bar Association - Ordre des Avocats / Orde van Advocaten - for referrals to family law lawyers and information about legal aid.
- Service d-Aide a la Jeunesse (Wallonia) - youth protection services that handle protection and welfare interventions.
- Public prosecutor - youth section - for serious protection concerns involving minors.
- Local CPAS - Centre Public d-Action Sociale - for social and financial support services.
- Family mediation centres - local mediation services help parents negotiate parenting plans in a structured setting.
- Child-focused NGOs such as Child Focus and local child welfare organisations - for support and advice, including in cases of disappearance or abuse.
If you need legal assistance in Lessines, consider the following practical steps:
- Assess the urgency - if the child is in immediate danger, call emergency services and contact youth protection authorities right away.
- Gather documents - collect the child-s birth certificate, identity documents, school and medical records, existing court orders and any evidence that supports your concerns or position.
- Seek legal advice - contact a local family law lawyer who speaks French (and Dutch if needed) to discuss your case, options and likely outcomes. Ask about initial fees, timelines and whether legal aid may apply.
- Consider mediation - if the situation is not violent or unsafe, mediation can be an effective way to reach a practical shared parenting plan without lengthy court proceedings.
- Contact local support services - CPAS, youth welfare services and family support organisations can provide social, psychological and practical assistance while legal steps proceed.
- Keep records - maintain a clear log of communications, incidents, and steps taken to protect the child. This information can be important in court or for social services.
Child custody is among the most sensitive legal issues. Local legal advice will help you understand how Belgian law and the courts in Lessines will apply to your specific situation and will guide you toward the safest and most effective route to protect the child-s interests.
