Posted the: 2014-07-23 Numac: 2014009373 SERVICE PUBLIC FÉDÉRAL JUSTICE May 22, 2014. -Act to amend various provisions to prevent parental international child abduction PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Changes of the Code civil art. 2. in the civil Code, it is inserted an article 374/1, as follows: "article 374/1. The parent to whom the authority on the person of the child was entrusted, either under the terms of the agreement referred to in article 1288 of the Judicial Code, approved in accordance with article 1298 of the same Code, or by the agreement of the sponsors duly endorsed pursuant to section 1256 of the same Code, either by decision ordered by the president of the Court ruling in Chambers pursuant to article 1280 of the same Code , either by judgment delivered pursuant to articles 223 or 374, paragraph 2, of the civil Code, may apply to the judge that he prescribe that reference be included on the identity document and the passport issued on behalf of the child that he can cross an external border in the space defined by the Convention of 19 June 1990 the Schengen agreement of 14 June 1985 between the Governments of the States of the Union Benelux Economic the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders, excluding the consent of that parent.
When parental authority is exercised jointly by the father and mother of the child, the right to request the addition of the reference in article 1 belongs to that of its authors who the judge determined that it must be registered primarily in the population registers.
At the request of the holder of the right of access within the meaning of article 5 of the Convention on the civil aspects of international child abduction, done at the Hague on 25 October 1980, the judge may decide that mention is made on the identity document and the passport of the child that the consent of the person is also required so that the minor can cross an external border.
The judge shall notify the decision to the Registrar at the municipality of residence of the child. "."
S. 3. in the same Code, it is inserted a section 374/2 as follows: "article 374/2. Jurisdiction to entertain a claim based on article 374/1 belongs to the judge a procedure ongoing divorce and, in all other cases, to the competent judge. "."
CHAPTER 3. -Amendments to law of 19 July 1991 on the population registers, to the identification cards, foreign cards and residence documents and amending the Act of 8 August 1983 organising a national register of natural persons art. 4. article 6, § 2, paragraph 3, of the law of 19 July 1991 on the registers of the population, identification cards, cards of alien and the residence documents and amending the Act of 8 August 1983 organising a national register of natural persons, as last amended by the law of December 15, 2013, is complemented by a 7 ° as follows : "7 ° the indication referred to in article 374/1 of the civil Code".
S. (5. article 6bis, § 1, 2 °, of the same Act, inserted by the Act of March 25, 2003 and amended by the law of 15 May 2007, is supplemented by a k) as follows: "k) the notice referred to in section 374/1 of the civil Code".
CHAPTER 4. -Modification of Code consular art. 6. article 53, paragraph 1, of the consular Code is supplemented by a 11 °, as follows: "11 ° the indication referred to in article 374/1 of the civil Code".
CHAPTER 5. -Entry into force art. 7. the King sets the date of entry into force of this Act.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels on May 22, 2014.
PHILIPPE by the King: the Minister of Foreign Affairs, D. REYNDERS the Minister of the Interior, Ms. J. MILQUET. the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note see: House of representatives (www.lachambre.be): Documents: 53 - 622 - 2010/2011-2013/2014 full record: 22 April 2014 Senate (www.senate.be): Documents: 5-2872-2013/2014 annals of the Senate : April 24, 2014