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22 MAI 2014. - An Act to amend various provisions to prevent international parental abduction of children

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Civil Code
Art. 2. In the Civil Code, an article 374/1 is inserted, which reads as follows:
"Art. 374/1. The parent to whom the authority on the person of the child has been entrusted, either under the agreement referred to in Article 1288 of the Judicial Code, approved under Article 1298 of the same Code, or by the agreement of its authors duly endorsed in accordance with Article 1256 of the same Code, or by a decision ordered by the president of the court ruling in reference in accordance with Article 1280 of the same Code,
When the parental authority is exercised jointly by the father and mother of the child, the right to request the addition of the reference provided for in paragraph 1^er belongs to that of its authors in whom the judge has determined that he must be registered as principal in the registers of the population.
At the request of the holder of the right to visit within the meaning of Article 5 of the Convention on the Civil Aspects of International Child Abduction, made in The Hague on 25 October 1980, the judge may decide that mention be made on the identity document and the passport of the child that the consent of that person is also required for the minor to cross an external border.
The judge shall notify the officer of the civil status of the municipality of residence of the child.".
Art. 3. In the same Code, an article 374/2 is inserted as follows:
"Art. 374/2. The jurisdiction to hear an application on the basis of Article 374/1 shall be vested in the judge before a divorce proceeding and, in any other case, the competent judge.".
CHAPTER 3. - Amendments to the Act of 19 July 1991 relating to population registers, identity cards, foreign cards and residence documents and amending the Act of 8 August 1983 organizing a National Register of Physical Persons
Art. 4. Article 6, § 2, paragraph 3, of the Law of 19 July 1991 on Population Registers, Identity Cards, Foreign Cards and Residence Documents and amending the Law of 8 August 1983 organizing a National Register of Physical Persons, last amended by the Law of 15 December 2013, is supplemented by a 7° written as follows:
"7° the mention referred to in Article 374/1 of the Civil Code".
Art. 5. Article 6bis, § 1^er, 2°, of the same law, inserted by the law of 25 March 2003 and amended by the law of 15 May 2007, is supplemented by a k) written as follows:
"(k) the reference referred to in Article 374/1 of the Civil Code".
CHAPTER 4. - Amendment of the Consular Code
Art. 6. Article 53, paragraph 1, of the Consular Code is supplemented by an 11°, which reads as follows:
"11° the mention referred to in Article 374/1 of the Civil Code".
CHAPTER 5. - Entry into force
Art. 7. The King shall determine the effective date of this Act.
Promulgate this Act, order that it be put on the State Seal and published by the Belgian Monitor.
Given in Brussels on 22 May 2014.
PHILIPPE
By the King:
Minister of Foreign Affairs,
D. REYNDERS
The Minister of the Interior,
Ms. J. MILQUET
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
See:
House of Representatives
(www.lachambre.be)
Documents: 53-622 - 2010/2011-2013/2014
Full report: 22 April 2014
Senate (www.senate.be):
Documents: 5-2872 - 2013/2014
Annales du Senate : April 24, 2014