Parental Custody Agreement Template for Belgium

The Parental Custody Agreement is a vital legal instrument used in Belgium when parents separate or divorce and need to establish formal arrangements for their children's care and upbringing. This document is specifically designed to comply with Belgian civil law, which strongly favors joint custody and shared parental authority. It becomes necessary when parents need to formalize their arrangements regarding child custody, whether through mutual agreement or as part of legal proceedings. The agreement encompasses crucial aspects such as living arrangements, education decisions, healthcare responsibilities, and financial obligations. It must align with the Belgian Civil Code, particularly Articles 371-387, and reflect the 1995 and 2006 laws promoting joint parental authority and equal housing arrangements. The document can be established either through direct negotiation between parties, with legal counsel, or through mediation, and may require court approval depending on the circumstances.

1. Parties: Identification of both parents and children, including full legal names, addresses, and dates of birth

2. Background: Brief history of the parental relationship, current living situation, and reason for the agreement

3. Definitions: Clear definitions of key terms used throughout the agreement

4. Legal Framework: Reference to relevant Belgian laws and confirmation that the agreement is made in accordance with Belgian Civil Code

5. Parental Authority: Declaration of joint parental authority and decision-making responsibilities regarding the child(ren)

6. Primary Residence and Living Arrangements: Detailed schedule of where the child(ren) will reside, including regular weekly/monthly schedule

7. Education and Schooling: Arrangements regarding choice of schools, participation in school activities, and access to educational records

8. Healthcare: Provisions for medical care, including choice of healthcare providers and emergency decision-making

9. Communication: Guidelines for communication between parents and with children, including methods and frequency

10. Holiday and Special Occasions: Specific arrangements for holidays, birthdays, and other special events

11. Transportation: Responsibilities and arrangements for transporting children between residences and to activities

12. Financial Responsibilities: Division of expenses related to the child(ren), including regular support payments

13. Dispute Resolution: Process for resolving disagreements between parents

14. Modification of Agreement: Procedures for reviewing and modifying the agreement as circumstances change

15. Governing Law: Confirmation that the agreement is governed by Belgian law