Projet de loi modifiant le Code judiciaire et le Code civil en ce qui concerne le traitement en chambre du conseil des procédures judiciaires relevant du droit de la famille.
General information ¶
- Submitted by
-
The Senate
- Submission date
- March 10, 2009
- Official page
- Visit
- Status
- Adopted
- Requirement
- Simple
- Subjects
- civil procedure family law legal hearing
Voting ¶
- Voted to adopt
- Groen CD&V Vooruit Ecolo LE PS | SP Open Vld N-VA LDD MR FN VB
Party dissidents ¶
- Renaat Landuyt (Vooruit) abstained from voting.
Contact form ¶
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Discussion ¶
April 29, 2010 | Plenary session (Chamber of representatives)
Full source
Rapporteur Els De Rammelaere ⚙
I refer to the written report.
Sabien Lahaye-Battheu Open Vld ⚙
Mr. Speaker, Mrs. Minister, colleagues, it is true that at the beginning of this legislature it was repeatedly spoken about the introduction of the principle of closed doors in family affairs. Several parties had proposals in this regard. Secretary of State Wathelet has also repeatedly stated in favour of this principle. At every discussion of his policy note, we stopped at this. The proposal of Open Vld brought together two matters, namely the introduction of closed doors in family matters and the equalization of the right of hearing for minors.
Why, colleagues, is the introduction of closed doors in family business so important? For two reasons. First, the treatment of such matters today is often overwhelming. I give the example of a full meeting room where the public is present on the banks. In front of them are two parents, flanked by their lawyers. There is a discussion about where the children of this couple, who are now separated, would best stay. During such discussions, very personal issues are quoted from the family life of parents and children. Nothing is more embarrassing and embarrassing than conducting such discussions before a full hall in public hearings.
Second, until today there is a large inequality in the treatment of such cases. Some judges solve the problem by leaving the door on a fence and yet only allowing the parties in question to be present, together with their lawyers, without audience. Other judges do not. Therefore, arbitrary trial occurred in our Belgian courts and courts.
During the work, unfortunately, the right of hearing of minors has been disconnected from closed doors in family affairs. I think this is a missed opportunity. During the work, a number of amendments were discussed and approved in the Chamber’s Justice Committee; some improvements therefore on the text that was voted in the Senate. It is obvious that my party, Open Vld, gives full support to this text. We will vote for. We are confident that, after this positive vote, family matters in our courts and courts will continue to run better. There will be indoor rooms. This will benefit the serenity of the proceedings and also the privacy, the privacy of the parties.
Open Vld is therefore for and will support the bill.
Clotilde Nyssens LE ⚙
The CDH supports this bill. As Ms. Lahaye-Battheu recalled, the initiative comes from a bill in the Senate, which Minister Wathelet supported mainly because the very idea of the closed door in family matters was envisaged in the bill coming to the family court.
This family court has been expected for years; its creation will probably no longer be for this legislature given the events. The work done by Minister Wathelet to prepare this bill was consistent. This is a timeless work and, during the next legislature, we will ⁇ see this family court born with, among other things, the closed-door principle in family matters.