International Parental Child Abduction Belgium
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DISCLAIMER: The information in this flyer is provided for general information only, is not intended to be legal advice, and may change
without notice. Questions involving interpretation of law should be addressed to an attorney licensed to practice in the relevant
jurisdiction.
October 2012
Belgium and the United States have been treaty partners under the 1980 Hague Convention on the Civil Aspects of International Child Abduction (Hague Abduction Convention) since May 1, 1999.
For information concerning travel to Belgium, including information about the location of the U.S. Embassy, the Smart Traveler Enrollment Program, entry/exit requirements, safety and security, crime, medical facilities and health information, traffic safety, road conditions and aviation safety, please see country-specific information for Belgium.
The U.S. Department of State serves as the U.S. Central Authority (USCA) for the Hague Abduction Convention. In this capacity, the Department’s Bureau of Consular Affairs, Directorate for Overseas Citizens Services, Office of Children’s Issues facilitates the submission of applications under the Hague Abduction Convention for the return of, or access to, children located in countries that are U.S. treaty partners, including Belgium. Parents are strongly encouraged to contact the Department of State for assistance prior to initiating the Hague process directly with the foreign Central Authority.
Contact information:
United States Department of State
Bureau of Consular Affairs
Office of Children’s Issues
2201 C Street, N.W.
Washington, DC 20520
Telephone: 1-888-407-4747
Outside the United States or Canada: 1-202-501-4444
Fax: 202-736-9132
Website
The Belgian Central Authority (BCA) for the Hague Abduction Convention is the Service Public Fédéral Justice. The BCA has an administrative role in processing Hague Abduction Convention applications. The BCA forwards completed Hague applications to the appropriate Public Prosecutor in the jurisdiction where the defendant resides. The Public Prosecutor brings the case on behalf of Belgium.
The BCA can be reached at:
Belgium Central Authority
Service Public Fédéral Justice
Direction general de la Législation et des Libertés et Droits fondamentaux
Service de cooperation international civile
Autorité centrale d’Entraide judiciaire internationale en matiére civile
Boulevard de Waterloo 115
B-1000 Bruxelles
Tel.: +32 (2) 542 67 00
Fax: +32 (2) 542 70 06
e-mail: rapt-parental@just.fgov.be/ kinderontvoering@just.fgov.be
To initiate a Hague case for return of, or access to, a child in Belgium, the USCA encourages parents to review the eligibility criteria and instructions for completing the Hague application form located at the Department of State website and contact the Department of State for assistance prior to initiating the Hague process directly with the BCA. All documents written in English must be translated into either Dutch or French, depending on the area where the child is located in Belgium. The USCA can help you determine the correct language for translation. Please note, however, that certified translations are not necessary. Any competent person or organization may translate the documents. The USCA is available to answer questions about the Hague application process, to forward a completed application to the BCA, and to subsequently monitor its progress through the foreign administrative and legal processes.
There are no fees for filing Hague applications with either the United States or Belgian central authorities. Attorney fees, if necessary, are the responsibility of the applicant. Additional costs may include airplane tickets for court appearances and for the return of the child, if so ordered
Back to TopA parent or legal guardian may file an application under the Hague Abduction Convention for return to the United States of a child abducted to, or wrongfully retained in, Belgium. The U.S. Department of State can assist parents living in the United States to understand whether the Convention is an available civil remedy and can provide information on the process for submitting a Hague application.
A person may file an application under the Hague Abduction Convention for access to a child living in Belgium. The criteria for acceptance of a Hague access application vary from country to country. The U.S. Department of State can assist parents living in the United States to understand country-specific criteria and provide information on the process for submitting a Hague application.
Retaining an Attorney:
Retaining a private attorney is not required in order to submit a Hague Abduction Convention application to a court in Belgium. The BCA assigns a Public Prosecutor to present a Hague case before the appropriate court. However, the Public Prosecutor does not represent the left-behind parent or legal guardian who submitted the application; instead, the Public Prosecutor represents Belgium and submits the request for return on behalf of the BCA. The Public Prosecutor will not have direct contact with the left-behind parent or legal guardian.
Parents or legal guardians have the option to hire a private attorney to represent them. However, all attorney fees will be the applicant’s responsibility. The BCA will withdraw from the Hague case if an applicant hires a private attorney, but they will continue to provide information on the Hague Abduction Convention, if requested, and will monitor the progress of the case, if they are aware of it.
The U.S. Embassy in Brussels, Belgium posts a list of attorneys including those who specialize in family law.
This list is provided as a courtesy service only and does not constitute an endorsement of any individual attorney. The Department of State assumes no responsibility or liability for the professional ability or reputation of, or the quality of services provided by, the persons or firms included in this list. Professional credentials and areas of expertise are provided directly by the lawyers.
Mediation may be available for both abduction and access cases. The BCA does not provide mediation services directly; however, the BCA provides referrals to private and non-governmental organizations that offer mediation services. Mediation is voluntary
The U.S. Embassy in Belgium can be contacted at:
U.S. Embassy Belgium
25 Boulevard du Régent
B-1000 Brussels
Telephone: +32-2-811-4000
Fax: +32-2-811-4546
Website
The Embassy of Belgium is located in Washington, D.C. at:
Embassy of Belgium
3330 Garfield Street NW
Washington, DC 20008
Telephone: (202) 333-6900
Fax: (202) 338-4960
E-mail: Washington@diplobel.fed.be
Website
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