Child abandonment
Article 424 of the Belgian Criminal Code penalises biological or adoptive parents who abandon a child in need.
This offence may arise, in particular, where a parent refuses to take back their child or contribute to the child's maintenance after entrusting the child to a third party, or where the child has been placed with a third party by court order.
The child's state of need may be physical, financial or emotional.
L’abandon de famille
The offence of family abandonment requires several conditions to be met:
- the existence of a legal maintenance obligation based on parentage, marriage or the presumption of paternity;
- failure to comply with a final court decision or an approved agreement, particularly in the context of a divorce by mutual consent;
- failure to pay maintenance for a period exceeding two months.
Failure to return a child
Article 432 of the Belgian Criminal Code penalises a parent who fails to comply with a court decision concerning the residence arrangements of a minor child.
This provision applies both to decisions issued by Belgian courts and to foreign decisions that are recognised and enforceable in Belgium.
The offence may consist of removing the child, attempting to remove the child, abducting the child or refusing to hand the child over to the other parent, even with the child's consent.
The Belgian Court of Cassation also considers that a parent may incur criminal liability if they deliberately fail to encourage their child to comply with the residence arrangements laid down in a court decision.
