Practice area: Moving abroad
Preparing legally before you leave.
Where a child lives is a decision that falls within parental authority: it requires the agreement of both parents, even when they are separated. Deciding to leave Belgium to settle abroad because of a professional opportunity, to be closer to family or following a new family arrangement is entirely legitimate.
What this covers
A move abroad is prepared before you leave Belgium.
Such a departure must nevertheless be prepared, so as to preserve the child's right to maintain a relationship with the parent who will stay in Belgium. Where one parent refuses, the Family Court can authorise or refuse the move, examining the plan in the light of the child's interests: the quality of the plan for their life there, the maintaining of ties with the parent who stays, schooling, and the child's own attachments.
I act on both sides of these cases: for the parent who wants to leave, by building a solid plan and regular contact for the other parent, and for the parent who opposes the departure. In every case, the wrong option is the fait accompli: an unauthorised departure is a parental abduction and exposes you to return proceedings.
Common situations
Planning ahead.
A properly prepared plan stands a better chance of succeeding, whether by agreement or with the court's authorisation.
Contact