Proposition 54K1895

Projet de loi modifiant l'article 375bis du Code civil et les articles 1253ter/1, 1253ter/3 et 1253quater du Code judiciaire.

General information ¶

Authors

N-VA Sophie De Wit, Sarah Smeyers, Goedele Uyttersprot

Submission date

June 14, 2016

Official page

Visit

Status

Adopted

Requirement

Simple

Subjects

civil law civil procedure family law rights of access juvenile court judicial proceedings relationship

Voting ¶

Voted to adopt

Groen CD&V Vooruit Ecolo LE PS | SP DéFI ∉ Open Vld N-VA MR PVDA | PTB VB

Abstained from voting

PP

Contact form ¶

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Discussion ¶

June 7, 2018 | Plenary session (Chamber of representatives)

Full source

The proposal was unanimously adopted by the Commission. I refer, therefore, to my written report.

Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker.

Grandparents usually have a very special bond with their grandchildren and they can play an important role in the development, upbringing and development of those grandchildren. In the case of the death of a parent or in the case of divorce, it may be that the intercourse is prevented or abruptly disrupted. Now, grandparents can turn to the family court for this. In 2017, more than seven hundred grandparents or grandparent couples took advantage of this opportunity. Until today, however, this scheme appears to be inadequate or an empty box. There are major regional differences that do not benefit the legal certainty. This is often the beginning of a long, legal struggle. That is why this bill is voted for today: the procedure must be faster, more efficient and more humane.

The bill has two major lines. In the first place, the family court must examine the possibility of mediation already at the first session in order to avoid that an introductory hearing merely involves the making of practical arrangements. It is intended to effectively address the matter substantially. This is important, especially because it is a family conflict. Initially, the scheme was intended only for grandparents, but during the work we expanded the scheme and its scope. This does not only apply to grandparents, but now also extends to parents and foster parents, i.e. to everyone who asks for the right of contact.

A second important element is that from now on, the family court will only be able to refuse the right of contact between grandparents and grandchildren if it is contrary to the best interests of the child. We know, of course, that there are situations where the best interests of the child are compromised by granting the right of contact to the grandparents. In all other cases, however, the bond between grandchildren and their grandparents must be ⁇ ined. I would like to thank everyone in the Justice Committee, who unanimously approved this proposal.

We support this proposal. First, it is clear that the mediation is forwarded to the family court. When we introduced the family court at the time, we already wanted to do so, in order to be able to put that strong mark on it.

Second, there is the place of the grandparents. Sometimes they are the stable factor in a difficult relationship between parents. With newly formed families, however, it is not always easy, because then one can have many grandparents.

However, I think that this legislation once again focuses on the fact that the interests of the children prevail, knowing that grandparents also like to see their grandchildren and that they also want to have their place in education.