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30 JULY 2013. - Act to establish a family and youth court (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - Introductory provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER 2. - Amendments to the Civil Code
Art. 2. In article 54 of the Civil Code, the words "first instance" are replaced by the words "the family".
Art. 3. In article 72 of the same Code, amended by the laws of 15 December 1949 and 9 May 2007, the words "first instance" are replaced by the words "the family".
Art. 4. In article 72bis of the same Code, inserted by the law of 7 January 1908, the words "of the family" are inserted between the words "of the court" and the words ", given on request".
Art. 5. In section 112 of the same Code, replaced by the Act of 9 May 2007, the following amendments are made:
1° in § 1^er, the words "first instance court" are replaced by the words "peace judge";
2° § 2 is repealed;
3° § 3, which becomes § 2, is replaced by the following:
"§2. The Public Prosecutor ' s Office is responsible for ensuring the interests of persons suspected of being absent. He is heard in his written or oral opinion or his requisitions, in accordance with articles 766, paragraph 2, and 767 of the Judicial Code, on all requests concerning them."
Art. 6. In Article 113, § 1^erParagraph 1^er, of the same Code, replaced by the law of 9 May 2007, the words "When the court of first instance" are replaced by the words "When it is".
Art. 7. In article 114, paragraph 2, paragraph 2, paragraph 1, of the same Code, replaced by the law of 9 May 2007, the words "first instance court" are replaced by the words "juge de paix".
Art. 8. In Article 117, § 1^erParagraph 1^er, of the same Code, replaced by the law of 9 May 2007, the words "first instance court" are replaced by the words "juge de paix".
Art. 9. In section 118 of the same Code, replaced by the Act of 9 May 2007, the following amendments are made:
1° in § 1^er, the words "first instance" are replaced by the words "family";
2° in § 2, the words "112, § 2" are replaced by the words "112, § 1^er".
Art. 10. In section 120, paragraph 1^er, of the same Code, replaced by the law of 9 May 2007, the words "first instance" are replaced by the words "the family".
Art. 11. In section 122, paragraph 1^er, of the same Code, replaced by the law of 9 May 2007, the words "first instance" are replaced by the words "the family".
Art. 12. In section 126 of the same Code, replaced by the law of 9 May 2007, the words "first instance" are replaced by the words "the family".
Art. 13. In article 127 of the same Code, replaced by the law of 9 May 2007, the words "of the family" are inserted between the words "and the court" and the words "may in this case".
Art. 14. In article 130, paragraph 1^er, of the same Code, replaced by the law of 9 May 2007, the words "family of the" are inserted between the words "formed by request to" and the words "court appeal" and the words "first instance" are inserted between the words "at court office" and the words "who rendered the decision".
Art. 15. In section 145 of the same Code, replaced by the Act of 19 January 1990 and amended by the Acts of 29 April 2001 and 9 May 2006, the following amendments are made:
1° in paragraph 1^erthe word "youngness" is replaced by the word "family";
2° in paragraph 3, the word "Cour" is replaced by the words "chambre de la famille de la cour d'appel".
Art. 16. In article 148, paragraph 2, of the same Code, replaced by the law of 19 January 1990, the words "of the family" are inserted between the words "the court" and the words "seizance of the application".
Art. 17. In section 167, paragraph 6, of the same Code, restored by law of 4 May 1999 and amended by law of 1^er March 2000, the words "first instance" are replaced by the words "family".
Art. 18. In section 185 of the same Code, replaced by the law of 19 January 1990, the word "youngness" is replaced by the word "family".
Art. 19. In section 203bis of the same Code, inserted by the Act of March 31, 1987 and replaced by the Act of March 19, 2010, the following amendments are made:
1° in § 4, paragraph 1^erthe word "judge" is replaced by the words "judge of the family";
2° in § 4, paragraph 2, the word "judge" is replaced by the word "judge".
Art. 20. In section 203ter, paragraph 2, of the same Code, inserted by the Act of March 31, 1987 and replaced by the Act of March 19, 2010, the word "judge" is replaced by the words "judge of the family".
Art. 21. In Article 203quater, § 1^er, paragraphs 2 and 4, and § 2, of the same Code, inserted by the law of 19 March 2010, the word "judge" is replaced by the word "judge".
Art. 22. In article 210 of the same Code, the words "of the family" are inserted between the words "the court" and the words "will, in the knowledge of the cause".
Art. 23. In section 214, paragraph 1^er, of the same Code, replaced by the law of 14 July 1976, the words "juge de paix" are replaced by the words "tribunal de la famille".
Art. 24. In section 215 of the same Code, replaced by the Act of 14 July 1976 and amended by the Act of 20 February 1991, the following amendments are made:
1° in § 1^er, paragraph 3, the words "first instance and in the event of an emergency" are replaced by the words "the family";
2° in § 2, paragraph 3, the words "juge de paix" are replaced by the words "tribunal of the family".
Art. 25. In Article 216, § 1^er, paragraph 2, and § 2, paragraph 2, of the same Code, replaced by the law of 14 July 1976, the words "first instance and in the event of an emergency, before the president of this court" are replaced by the words "the family".
Art. 26. In section 220 of the Code, replaced by the Act of 14 July 1976 and amended by the Acts of 9 May 2007 and 17 March 2013, the following amendments are made:
1° in §§ 1^er and 2, the words "first instance" are each time replaced by the words "family";
2° in § 3, the words "juge de paix" are replaced by the words "tribunal of the family".
Art. 27. In section 221 of the same Code, replaced by the Act of 14 July 1976, the following amendments are made:
1° in paragraph 2, the words "without the need to prove a fault and" are inserted between the words "the other spouse may," and the words "without prejudice to the rights of third parties";
2° in paragraph 2, the words "juge de paix" are replaced by the words "tribunal de la famille";
3° a paragraph, as follows, is inserted between paragraphs 2 and 3:
"In no case shall the delegation of sums be granted to the spouse convicted of an act referred to in sections 375, 398 to 400, 402, 403 or 405 of the Criminal Code, committed against the defendant's person, or an attempt to commit an act referred to in sections 375, 393, 394 or 397 of the same Code against that person. ";
Paragraph 6 is repealed.
Art. 28. Section 223 of the Code, replaced by the Act of 14 July 1976 and amended by the Act of 28 January 2003, is replaced by the following:
"Art. 223. If one of the spouses is seriously in breach of his duties, the Family Court orders, at the request of the spouse, urgent measures in accordance with articles 1253ter/5 and 1253ter/6 of the Judicial Code.
The same is true at the request of one of the spouses, if the agreement between them is seriously disrupted.".
Art. 29. In Article 301, § 2, paragraph 1^er, of the same Code, replaced by the law of 27 April 2007, the words "of the family" are inserted between the words "the court" and the words "can, in the judgment pronouncing divorce".
Art. 30. In section 302 of the same Code, replaced by the Act of 13 April 1995 and amended by the Act of 27 April 2007, the words "referred president" are replaced by the words "the ruling family's court".
Art. 31. In article 316bis of the same Code, inserted by the law of 1^er July 2006 and amended by the Act of 27 April 2007, the following amendments are made:
1° in the 1°, the word "judge" is replaced by the words "family court" and the words "after the order of the president, sitting by reference" are replaced by the words "after an order made under section 1280 of the Judicial Code";
2° in 3°, the words "of the justice of the peace" are repealed.
Art. 32. In section 318 of the same Code, replaced by the law of 1^er July 2006, the following amendments are made:
1° in § 1^er, the words "in front of the family court" are inserted between the words "may be contested" and the words "by the mother, the child";
2° in § 5, the words "of the family" are inserted between the words "the court" and the words "verifies that the conditions".
Art. 33. In section 322, paragraph 1^er, of the same Code, replaced by the law of 1^er July 2006, the words "pronounced by the family court" are inserted between the words "by judgment" and the words ", subject to the conditions laid down in article 332quinquies".
Art. 34. In article 329bis, § 3, paragraph 3, of the same Code, inserted by the law of 1^er July 2006, the words "joint request or contradictory request" are inserted between the words "by quote," and the words "of the child's home" are replaced by the words "of the competent family".
Art. 35. In section 330 of the same Code, replaced by the law of 1^er July 2006, the following amendments are made:
1° in § 1^erParagraph 1^er, the words "in front of the family court" are inserted between the words "may be contested" and the words "by the father, the child, the author", and the words "in front of the family court" are inserted between the words "may be contested" and the words "by the mother, the child, the author";
2° in § 3, the word "tribunal" is replaced by the word "judge".
Art. 36. In section 331 of the same Code, replaced by the Act of March 31, 1987, the following amendments are made:
1° § 1^er is repealed;
2° in § 2, the words "first instance" are replaced by the words "the family".
Art. 37. In article 331s of the same Code, replaced by the Act of March 31, 1987, the word "tribunals" is replaced by the words "carnals of the family".
Art. 38. In section 331decies, paragraph 2, of the same Code, replaced by the Act of March 31, 1987, the word "tribunal" is replaced by the words "tribunal of the family".
Art. 39. In section 338 of the same Code, replaced by the Act of March 31, 1987 and amended by the Act of June 2, 2010, the following amendments are made:
1° in § 1^erParagraph 1^er, the words "court president" are replaced by the words "family court";
2° in § 1^er, paragraph 2, the word "president" is replaced by the word "tribunal";
3° in § 2, paragraph 2 is repealed.
Art. 40. In article 346-2, paragraph 1^er, of the same Code, inserted by the law of 24 April 2003 and amended by the laws of 27 December 2004 and 20 June 2012, the word "youngness" is replaced by the word "family".
Art. 41. In article 348-1, paragraph 2, of the same Code, inserted by the Act of 24 April 2003 and amended by the Act of 17 March 2013, the word "tribunal" is replaced by the words "tribunal of the family".
Art. 42. In article 348-2 of the same Code, inserted by the law of 24 April 2003 and amended by the laws of 9 May 2007 and 17 March 2013, the words "of the family" are inserted between the words "the court" and the words "called to rule".
Art. 43. In article 348-4, paragraph 2, of the same Code, inserted by the law of 24 April 2003, the words "of the family" are inserted between the words "by the court" and the words "in front of which consent".
Art. 44. In article 348-8, paragraph 1^er, 1°, of the same Code, inserted by the law of April 24, 2003, the words "of the family" are inserted between the words "in court" and the words "said of the request".
Art. 45. In article 348-10, paragraph 1^er, 1°, of the same Code, inserted by the law of April 24, 2003, the words "of the family" are inserted between the words "in court" and the words "said of the request".
Art. 46. In section 348-11, paragraph 1^er, of the same Code, inserted by the law of 24 April 2003, the words "of the family" are inserted between the words "in court" and the words "that this refusal is abusive".
Art. 47. In section 351, paragraph 3, of the same Code, replaced by the Act of 24 April 2003, the words "of the family" are inserted between the words "the court" and the words "declare that adoption".
Art. 48. In article 353-5, paragraph 2, of the same Code, inserted by the law of 24 April 2003, the words "of the family" are inserted between the words "the court" and the words "decide in interest".
Art. 49. In article 353-6, paragraph 2, of the same Code, inserted by the law of 24 April 2003, the words "of the family" are inserted between the words "in court" and the words "called to rule".
Art. 50. In article 353-10 of the same Code, inserted by the law of 24 April 2003, the word "youngness" is replaced by the word "family".
Art. 51. In article 354-1, paragraph 2, of the same Code, inserted by the law of 24 April 2003, the words "of the family" are inserted between the words "the court" and the words "may not pronounce the revocation".
Art. 52. In article 354-2, paragraph 2, of the same Code, inserted by the law of 24 April 2003, the word "youngness" is replaced by the word "family".
Art. 53. In section 361-1, paragraph 2, of the same Code, inserted by the Act of 24 April 2003 and amended by the Acts of 30 December 2009 and 20 June 2012, the word "youngness" is replaced by the word "family".
Art. 54. In article 361-2 of the same Code, inserted by the Act of 24 April 2003 and amended by the Act of 30 December 2009, the words "of the youth court" are replaced by the words "of the court of first instance".
Art. 55. In article 362-2 of the same Code, inserted by the law of 24 April 2003 and amended by the law of 27 December 2004, the word "youngness" is replaced by the word "family".
Art. 56. In article 363-3, paragraph 1^er, of the same Code, inserted by the law of 24 April 2003, the word "youngness" is replaced by the word "family".
Art. 57. In section 367-3 of the same Code, inserted by the Act of 27 December 2004, the following amendments are made:
1° in § 1^erParagraph 1^er, the words "first instance" are replaced by the words "family";
2° in § 1^erParagraph 3 is supplemented by the words "of the family";
3° in § 2, paragraph 5, the words "trinal who ruled on the application" are replaced by the words "trinal de première instance de Bruxelles".
Art. 58. In section 373, paragraph 3, of the same Code, replaced by the Act of 13 April 1995, the word "youngness" is replaced by the word "family".
Art. 59. In section 374 of the same Code, restored by the Act of March 31, 1987, replaced by the Act of April 13, 1995 and amended by the Act of July 18, 2006, the following amendments are made:
1° in § 1^er, paragraph 4, the word "youngness" is replaced by the word "family";
2° in § 2, paragraph 1^er, the words "of the family" are inserted between the words "that they seize the court" and the words "of their dispute,"
3° in § 1^er, paragraph 2, the word "judge" is replaced by the words "family court".
Art. 60. In article 375bis, paragraph 2, of the same Code, inserted by the law of 13 April 1995, the word "young" is replaced by the word "family".
Art. 61. In article 376, paragraph 4, of the same Code, restored by the law of March 31, 1987 and replaced by the law of April 13, 1995, the word "youngness" is replaced by the word "family".
Art. 62. In Article 378, § 1^erParagraph 2 is replaced by the following:
"The territorial jurisdiction of the justice of the peace is regulated in accordance with Article 629quater of the Judicial Code. If the minor is not domiciled or habitually resident, the competent justice of the peace is:
- that of the last common domicile in Belgium of the father and mother or, if any, that of the last domicile in Belgium of the parent who exercises parental authority alone, and if not,
- that of the last common residence of the father and mother in Belgium, or if not that of the last residence in Belgium of the one who exercises parental authority alone. ".
Art. 63. In article 379, paragraph 3, of the same Code, restored by the Act of 31 March 1987 and amended by the Act of 13 February 2003, the words "of the court" are replaced by the words "of the family court".
Art. 64. Section 387bis of the same Code, inserted by the Act of 13 April 1995 and amended by the Act of 18 July 2006, is replaced by the following:
"Art. 387bis. In all cases and without prejudice to articles 584 and 1280 of the Judicial Code, the Family Court may, at the request of the father and mother, of one of them or the Crown Prosecutor, order or amend, in the interests of the child, any provision relating to parental authority in accordance with articles 1253ter/5 and 1253ter/6 of the Judicial Code. ".
Art. 65. In section 387ter of the same Code, inserted by the Act of 18 July 2006, the following amendments are made:
1° in § 1^erParagraph 1^er is replaced by the following:
"When one of the parents refuses to enforce judicial decisions relating to the accommodation of children or the right to personal relations, the case may be brought back to the family court already seized."
2° to § 1^erParagraph 3 is repealed;
3° in § 2, the words "of the family" are inserted between the words "the court" and the words "is seized".
Art. 66. In section 389 of the same Code, replaced by the Acts of 29 April 2001 and 17 March 2013, paragraph 2 is replaced by the following:
"Unless it arises from an explicit decision made in accordance with Article 492/1, an alleged absence or a declared absence, this impossibility is found by the family court in accordance with Article 1236bis of the Judicial Code. ".
Art. 67. In section 475ter of the same Code, inserted by the Act of 21 March 1969, renumbered by the Act of 31 March 1987 and amended by the Act of 29 April 2001, the following amendments are made:
1° in paragraphs 2 and 3, the word "youngness" is each time replaced by the word "family";
2° in paragraph 3, the last sentence is replaced by the following:
"The King's Attorney is heard or renders a notice in writing."
Art. 68. In article 475quinquies, paragraphs 1^er and 2, of the same Code, inserted by the law of March 21, 1969 and renumbered by the law of March 31, 1987, the word "youngness" is each time replaced by the word "family".
Art. 69. In article 475sexies, paragraphs 1^er and 2, of the same Code, inserted by the law of March 21, 1969, renumbered by the law of March 31, 1987 and replaced by the law of April 29, 2001, the word "youngness" is replaced by the word "family".
Art. 70. In section 477, paragraphs 1^er and 3, of the same Code, replaced by the Act of 8 April 1965 and amended by the Act of 31 March 1987, the word "youngness" is replaced by the word "family".
Art. 71. In section 478, paragraph 2, of the same Code, replaced by the Act of 29 April 2001, the word "youngness" is replaced by the word "family".
Art. 72. In section 479, paragraph 1^er, of the same Code, replaced by the law of 29 April 2001, the word "youngness" is replaced by the word "family".
Art. 73. In section 480, paragraphs 1^er and 2, of the same Code, replaced by the Act of 10 March 1975, the word "youngness" is replaced by the word "family".
Art. 74. In article 745quater, paragraph 2, paragraph 3, of the same Code, inserted by the law of 14 May 1981, the words "of the family" are inserted between the words "the court" and the words "may refuse conversion".
Art. 75. In Article 745sexies, § 2, paragraph 1^er, of the same Code, inserted by the law of 14 May 1981, the words "of the family" are inserted between the words "the court" and the words "is seized by request".
Art. 76. In article 770 of the same Code, amended by the laws of 15 December 1949 and 14 May 1981, the words "first instance" are replaced by the words "the family".
Art. 77. In article 798 of the same Code, the words "of the family" are inserted between the words "the court" and the words "saisi de la contestation".
Art. 78. In article 803bis of the same Code, inserted by the law of 10 October 1967, the words "president of the court" are replaced by the words "tribunal of the family".
Art. 79. In section 813, paragraph 1^er, of the same Code, replaced by the law of 10 October 1967, the words "first instance" are replaced by the words "the family, in accordance with article 1228 of the Judicial Code".
Art. 80. In article 826, paragraph 2, of the same Code, as amended by the law of 10 October 1967, the words "of the family" are inserted between the words "Unless otherwise decided by the court" and the words ", indivis goods are affected".
Art. 81. In article 858bis, paragraph 1^er, of the same Code, inserted by the law of 14 May 1981, the words "juge de paix saisi sur demande ou par le tribunal" are replaced by the words "tribunal de la famille".
Art. 82. In section 936, paragraph 2, of the same Code, replaced by the Act of 29 April 2001, the words "President of the Court of First Instance" are replaced by the words "Judge of Peace".
Art. 83. In article 985 of the same Code, the words "because of plague or other contagious disease" are replaced by the words "because of a contagious disease".
Art. 84. In article 991 of the same Code, as amended by the Act of 15 December 1949, the words "of justice of the peace" are replaced by the words "of the court of first instance".
Art. 85. In section 992 of the same Code, as amended by the Act of 15 December 1949, the words "of the Maritime Commissioner" are replaced by the words "of the Navigation Control Officer".
Art. 86. In section 993 of the same Code, as amended by the Act of 15 December 1949, the words "of the Maritime Commissioner" are replaced by the words "of the Navigation Control Officer".
Art. 87. In section 1008 of the same Code, replaced by the Act of 2 February 1983, the words "President of the Court of First Instance" are replaced by the words " Family Court".
Art. 88. In section 1095 of the same Code, replaced by the law of January 19, 1990, the word "youngness" is replaced by the word "family".
Art. 89. In article 1309 of the same Code, replaced by the law of 19 January 1990, the word "youngness" is replaced by the word "famile".
Art. 90. In article 1397, paragraph 2, of the same Code, replaced by the law of 14 July 1976 and amended by the law of 19 January 1990, the word "youngness" is replaced by the word "family".
Art. 91. In article 1420 of the same Code, replaced by the law of 14 July 1976, the words "first instance" are replaced by the words "the family".
Art. 92. In section 1421 of the same Code, replaced by the Act of 14 July 1976, the following amendments are made:
1° in paragraph 1^er, the words "juge de paix" are replaced by the words "tribunal of the family";
2° in paragraph 2, the words "juge de paix" are replaced by the word "tribunal".
Art. 93. In article 1422, paragraph 1^er, of the same Code, replaced by the law of 14 July 1976, the words "first instance" are replaced by the words "the family".
Art. 94. In Article 1426, § 1^er, paragraph 2, of the same Code, replaced by the law of 14 July 1976, the words "of the family" are inserted between the words "The court" and the words "may entrust this management".
Art. 95. In article 1442, paragraph 1^er, of the same Code, replaced by the law of 14 July 1976, the words "of the family" are inserted between the words "with the permission of the court" and the words ", take, when sharing".
Art. 96. Article 1443 of the same Code, replaced by the law of 14 July 1976, is supplemented by the words "of the family".
Art. 97. In article 1447, paragraph 1^er, of the same Code, replaced by the law of 14 July 1976, the words "of the family" are inserted between the words "request to the court" and the words "to enforce".
Art. 98. In article 1469, paragraph 2, of the same Code, replaced by the law of 14 July 1976, the word "tribunal" is replaced by the words "tribunal of the family".
Art. 99. Section 1479 of the same Code, inserted by the Act of 23 November 1998 and amended by the Act of 28 January 2003, is replaced by the following:
"Art. 1479. If the agreement between the legal cohabitants is seriously disrupted, the Family Court orders, at the request of one of the parties, the urgent measures similar to those provided for in articles 1253ter/5 and 1253ter/6 of the Judicial Code.
The court determines the validity of the measures it orders. In any case, these measures cease to produce their effects on the day of the cessation of legal cohabitation, as provided for in article 1476, paragraph 2, paragraph 6, unless these measures relate to common children of legal cohabitation.
After the termination of legal cohabitation, and provided that the application was filed within three months of the termination, the court orders the urgent and interim measures justified by the termination. It determines the validity of the measures it orders. This validity period may not exceed one year, unless these measures relate to children common to legal cohabitants.
The court orders these measures in accordance with articles 1253ter to 1253octies of the Judicial Code. ".
Art. 100. In section 1595, paragraph 1^er, 4°, of the same Code, replaced by the law of 14 July 1976, the words "of the family" are inserted between the words "with the permission of the court" and the words ", the share of his spouse".
CHAPTER 3. - Amendments to the Judicial Code
Art. 101. In article 58bis, 4°, of the Judicial Code, inserted by the law of 22 December 1998 and last amended by the law of 13 June 2006, the words "judge in the youth court" are replaced by the words "judge in the family and youth court" and the words "juge d'appel de la jeunesse" are replaced by the words "juge d'appel de la famille et de la jeunesse".
Art. 102. Section 76 of the Code, last amended by the Act of 3 December 2006, is replaced by the following:
"Art. 76. § 1^er. The court of first instance includes one or more civil chambers, one or more correctional chambers, one or more family chambers, one or more youth chambers, one or more friendly settlement chambers, and, for the court of first instance of the court of appeal, one or more chambers of enforcement of sentences.
These chambers comprise four sections, respectively, Civil Court, Correctional Court, Family and Youth Court and Penal Enforcement Court.
The Family and Youth Court consists of the family chamber(s), comprising the family court, the youth chamber(s), comprising the youth court, and the court(s) of the friendly settlement.
§ 2. One or more chambers of the Correctional Court are assigned jurisdiction in particular with respect to the procedures for immediate appearance and summons by minutes.
At least one correctional board is aware of, in particular, violations of laws and regulations relating to one of the matters that fall within the jurisdiction of the labour courts and, in the event of competition or connexity, of offences cited with one or more offences that are not within the jurisdiction of the labour courts.
§ 3. One or more specific chambers of the youth court, referred to as the divestiture chambers, are assigned the competence to judge persons who have been the subject of a divestiture decision pursuant to the Youth Protection Act of 8 April 1965, the care of minors who have committed a crime and the compensation of the damage caused by this fact, in the context of a criminal offence or a correctional crime.
§ 4. The sentencing chambers may sit in any court of first instance located within the jurisdiction of the Court of Appeal, as well as in penitentiary institutions. ".
Art. 103. In section 78 of the same Code, last amended by the Act of 3 December 2006, the following amendments are made:
1° in paragraphs 4 and 5, the words "76, paragraph 6" are replaced each time by the words "76, § 2, paragraph 2";
2° in paragraph 2, the words "tribunal of youth" are replaced by the words "tribunal of family and youth";
3° the article is supplemented by a paragraph written as follows:
"Each friendly settlement chamber is composed of a single judge who has followed the specialized training provided by the Judicial Training Institute. ".
Art. 104. In section 79 of the same Code, last amended by the Act of 17 May 2006, the following amendments are made:
1° in paragraph 1^er, the words "tribunal of youth" are replaced by the words "tribunal of family and youth";
2° Paragraph 6 is replaced by the following:
"The judges in the family and youth court may sit in the civil chambers of the court of first instance. However, the judge who sits in the friendly settlement board may never sit, for the records he has learned, in the other chambers of the family and youth court. Unless it is the registration of an agreement or a conciliation record, the decision of a judge who had previously experienced a dispute while sitting in a settlement chamber is null and void. ";
3° in paragraph 7, the word "youngness" is each time replaced by the words "family and youth";
Paragraph 8 is replaced by the following:
"The oldest Vice-President of the Court of First Instance serving in the Family and Youth Court or, if not, the designated holder in accordance with the procedure provided for in Article 259quinquies, § 1^er, 1°, has the direction of the family and youth court and assumes the distribution of the service. ".
Art. 105. In section 80 of the same Code, last amended by the Act of 18 December 2006, the following amendments are made:
1st paragraph 1^er is replaced by the following:
"In the event that an investigating judge, a seizure judge or a judge in the family and youth court, the president shall appoint an effective judge to replace him. The judge in the family and youth court is replaced by priority by another judge in the family and youth court. ";
2° in paragraph 2, the word "youngness" is replaced by the words "family and youth";
3° in paragraph 3, the words "youth" are replaced each time by the words "in the family and youth court";
4° in paragraph 3, the words "In addition" are replaced by the words "In addition";
5° in paragraph 4, the word "youngness" is replaced by the words "family and youth".
Art. 106. In Article 88, § 1^erParagraph 1^er, of the same Code, replaced by the law of 3 December 2006, the words "76, paragraph 6" are replaced by the words "76, § 2, paragraph 2".
Art. 107. Section 90 of the same Code, replaced by the Act of 25 April 2007, is supplemented by a paragraph written as follows:
"For the division of affairs between the family chambers and the youth chambers of the family and youth court, the president shall, to the extent possible, ensure that:
1° the Family Court Chamber having known the case previously is seized of the case;
2° a judge who has known a civil case referred to in section 725bis in respect of a minor child may not be aware of a cause referred to in the Act of 8 April 1965 relating to the protection of youth, the care of minors who have committed a qualified offence and the compensation of the damage caused by this fact."
Art. 108. Article 95 of the same Code is supplemented by the following sentence:
"Without prejudice to section 584, paragraph 2, the family court shall hold the hearing to which the references are made for matters within the jurisdiction of that court."
Art. 109. In article 99bis of the same Code, inserted by the law of 3 December 2006, the words "article 76, paragraph 6" are replaced by the words "article 76, § 2, paragraph 2".
Art. 110. Section 101 of the Code is replaced by the following:
"Art. 101. § 1^er. There are civil chambers, correctional chambers, family rooms, youth rooms and friendly settlement rooms at the appeal court.
At least one correctional chamber is aware of appeals against judgements in the subjects referred to in section 76, § 2, paragraph 2.
Among the youth chambers, at least one chamber is assigned jurisdiction over the prosecution of persons as a result of a divestiture decision under the Youth Protection Act of 8 April 1965, the care of minors who have committed a crime and the compensation for the damage caused by this fact, in the context of an offence and/or a correctional crime.
§ 2. The Court of Appeal consists of a first president, chamber chairs and counsellors at the Court of Appeal.
The Court of Appeals Chambers sit either three councillors in the court, including the president, or one member, room chair or court counsel.
The Specialized Correctional Chamber, referred to in § 1^er, paragraph 2, consists of two counsellors in the Court of Appeal, including the President, and one counsellor in the Labour Court.
For the youth chambers referred to in § 1^er, paragraph 3, shall be validly constituted, at least two of their members shall have followed the training organized within the framework of the continuous training of the judges referred to in article 259sexies, § 1^er, 1°, paragraph 3, required for the exercise of the function of judge in the family and youth court.
In order for the ad hoc board to be constituted validly, the member of the court designated for that board must have completed a special training course whose content is determined by the Judicial Training Institute. If the necessities of the service justify it, the first president of the Court of Appeal may, on an exceptional basis, and after receiving the advice of the King's Prosecutor, designate an effective magistrate to perform the above-mentioned functions for a term of not more than one year, even if he did not follow the special training. ".
Art. 111. In section 106, paragraph 1^er, of the same Code, amended by the laws of 9 July 1997 and 22 December 1998, the words "Article 101, paragraph 3" are replaced by the words "Article 101, § 1^erParagraph 2."
Art. 112. Article 109bis, § 1^er, of the same Code, inserted by the law of 19 July 1985, is supplemented by a 4°, as follows:
"4° the friendly settlement. ".
Art. 113. In article 113ter of the same Code, inserted by the law of 3 December 2006, the words "Article 101, paragraph 3" are replaced by the words "Article 101, § 1^erParagraph 2."
Art. 114. In section 138 of the same Code, replaced by the Act of 3 December 2006, paragraph 5 is supplemented by the following sentence:
"The designated magistrate must have followed the training referred to in Article 143, § 2/1, or Article 151, paragraph 2, as the case may be."
Art. 115. In article 138bis of the same Code, inserted by the law of 3 December 2006 and amended by the law of 6 June 2010, it is inserted a § 1^er/1 to read:
§ 1^er/1. The Family Court shall rule after hearing the Public Prosecution Service in its notices or requisitions on:
1° all requests for minors;
2° all matters where the law requires its intervention."
Art. 116. In article 143 of the same Code, amended by the laws of 21 June 2001 and 12 April 2004, a paragraph 2/1 is inserted as follows:
§ 2/1. The functions of the Public Prosecutor ' s Office at the Family Chambers and the Youth Chambers are carried out by one or more judges of the General Prosecutor ' s Office who have followed the specialized training organized by the Judicial Training Institute referred to in Article 259sexies, § 1^er2°, paragraph 2, and designated by the Attorney General.
In exceptional circumstances and for good administration of justice, the Attorney-General may, by reason of a decision, appoint a judge who is not trained for a specified period of time. ".
Art. 117. In section 151 of the same Code, last amended by the Act of 17 May 2006, two paragraphs are inserted between paragraphs 1^er and 2:
"The functions of the Public Prosecutor's Office in the Family and Youth Court are carried out by one or more prosecutors who have followed the specialized training organized by the Judicial Training Institute referred to in Article 259sexies, § 1^er, 1°, 3, and designated by the King's Prosecutor.
In exceptional circumstances and for a good administration of justice, the King's prosecutor may, by reason of decision, appoint a judge who is not trained for a specified period of time. ".
Art. 118. In section 194 of the same Code, replaced by the Act of 18 July 1991 and amended by the Acts of 1^er December 1994, 22 December 1998 and 21 February 2010, a paragraph 4/1 is inserted as follows:
§ 4/1. In the event of a vacancy on the Crown Prosecutor's Office or the Labour Auditor's Office, the Minister of Justice may indicate that the vacant place is assigned as a priority to a candidate who justifies a knowledge specializing in his or her titles or experience. These titles and experiences are reviewed by the appointment and designation commission referred to in section 259bis-8. ".
Art. 119. Article 209, § 2, of the same Code, replaced by the Act of 22 December 1998, is supplemented by a paragraph written as follows:
"In the event of a vacancy, the Minister of Justice may indicate that the vacant place is assigned as a priority to a candidate who justifies a knowledge specialized by his or her titles or experience. These titles and experiences are reviewed by the appointment and designation commission referred to in section 259bis-8. ".
Art. 120. In section 210, paragraph 2, of the same Code, replaced by the Act of 22 December 1998, the word "youngness" is replaced by the words "family and youth".
Art. 121. In section 259sexies of the same Code, inserted by the Act of 22 December 1998 and last amended by the Act of 31 January 2007, the following amendments are made:
1° in § 1^er, 1°, paragraphs 1^er and 3, the words "of youth" are replaced each time by the words "in the family and youth court";
2° in § 1^er, 1°, paragraph 4, the words "or judge in the family and youth court" are inserted between the words "instruction judge" and the words ", one must have exercised";
3° in § 1^er, 2°, the word "youngness" is each time replaced by the words "family and youth".
Art. 122. In Article 341, § 1^erParagraph 1^er, 2°, of the same Code, as amended by the law of 3 December 2006, the words "Article 101, paragraph 4" are replaced by the words "Article 101, § 2, paragraph 2".
Art. 123. In Article 357, § 1^er, 2°, of the same Code, replaced by the law of 29 April 1999 and amended by the royal decree of 13 July 2001, the words "of youth during the duration of their function in this capacity" are replaced by the words "in the family and youth court during the duration of their function in the youth chambers".
Art. 124. In section 373, paragraph 1^er, 1°, of the same Code, replaced by the law of April 25, 2007, the words "youth" are replaced by the words "in the court of the family and youth appointed to the youth court".
Art. 125. Section 565, paragraph 2, of the same Code, as amended by the Act of 11 July 1994, is replaced by the following:
"Removal shall take place according to the order of preference below:
1° the family court referred to in § 1^er Article 629bis is always preferred;
2° the justice of the peace referred to in Article 594 is always preferred;
3° the court that rendered a judgment on the case other than an internal order is always preferred;
4° the court of first instance is preferred to the other courts;
5° the Labour Court is preferred in the Commercial Court;
6° the Labour Court and the Commercial Court are preferred to the Justice of the Peace;
7° the justice of the peace is preferred in the police court;
8° the court the first seized is preferred to the one who was subsequently seized.".
Art. 126. In section 566, paragraph 1^er, of the same Code, the words "at 2° to 5° of Article 565" are replaced by the words "at article 565, paragraph 2, 1° and 2° and 4° to 8°".
Art. 127. In section 569 of the same Code, as amended by the laws of 1^er March 2000 and 13 February 2003, the following amendments are made:
1°, 1° /1, 2° and 4° are repealed;
2° in the 12°, the words "of articles 1188 to 1193 relative" are replaced by the words "of article 1190 relative";
3° the 33°, inserted by the law of 1^er March 2000, is repealed.
Art. 128. In the same Code, an article 572bis is inserted as follows:
"Art. 572bis. Without prejudice to the special powers recognized to the justice of the peace and special legislation, the family court knows:
1° of requests for the status of persons;
2° requests for the cancellation of legal cohabitation, without prejudice to the jurisdiction granted to the criminal judge by section 391octies of the Criminal Code and section 79quater of the law of 15 December 1980 on access to territory, residence, establishment and removal of aliens;
3° of the requests of the legal spouses and co-inhabitants for the exercise of their rights or property, as well as interim measures related to them;
4° requests for parental authority, accommodation or personal relations rights in respect of minor children;
5° the findings of the lasting impossibility of exercising parental authority referred to in Article 389 of the Civil Code;
6° of requests referred to in articles 1322bis and 1322decies;
7° requests related to food obligations, except those related to the right to social integration income;
8° disputes relating to the determination of the family allowance(s)(s) for children whose parents no longer live together, as well as requests in opposition to payment to the allocator;
9° requests relating to the matrimonial regime, estates, gifts between livers or wills;
10° of shared requests;
11° of requests for temporary residence prohibition under the Act of 15 May 2012 relating to temporary residence prohibition in the event of domestic violence;
12° of the opposition made by the holder of parental authority in the exercise of the rights of the minor non-emancipated child to the withdrawal of the sums in the booklet or saving notebook of the child;
13° of requests made pursuant to Article 220, § 3, of the Civil Code;
14° of the opposition made by the father, the mother, the opponent or the unofficial guardian to the payment to the family benefit provider as provided for in article 69, § 3, of the coordinated laws relating to the family allowances for employed workers, except the case where the youth court was seized on the basis of article 29 of the law of 8 April 1965 relating to the protection of minors, to the
15° of the opposition to the payment to the family allowances for self-employed persons, except in the case where the youth court was seized on the basis of Article 29 of the Law of 8 April 1965 on the protection of the youth, the care of minors who have committed a crime and the reparation of the damage caused by this fact and other than the case where the justice of the peace is competent under Article 594, ".
Art. 129. In section 584 of the same Code, as amended by the Act of 10 May 2007, the following amendments are made:
1° a paragraph written as follows is inserted between subparagraphs 1^er and 2:
"If the case is within the jurisdiction of the family court, the president is only seized in case of absolute necessity. ";
2° in paragraph 4, becoming paragraph 5, the 1st is repealed.
Art. 130. In section 585 of the same Code, as amended by the Act of 27 March 2001, the 2° and 9° are repealed.
Art. 131. In section 587, paragraph 1^er, of the same Code, replaced by the law of 3 April 1997 and last amended by the law of 10 May 2007, the 1st, 9th and 15th are repealed.
Art. 132. In section 590 of the same Code, last amended by the Royal Decree of 20 July 2000, the following amendments are made:
1° in paragraph 1^er, the amount of "1.860 euros" is replaced by the amount of "2.500 euros" and the words "572bis," are inserted between the words "569 to 571," and the words "574 and 578";
2° the article is supplemented by four paragraphs written as follows:
"The King may adapt the amount provided for in paragraph 1^er, without the appropriate amount exceeding the indexing amount defined below.
In case of adjustment of the amount provided for in paragraph 1^er, the appropriate amount is published to the Belgian Monitor no later than November. The new amount comes into force on 1^er January of the year following that of its adaptation and is not applicable to applications filed before that date.
Each increase or decrease in the index results in an increase or decrease in the indexing amount, in accordance with the following formula: the new indexing amount is equal to the base amount, multiplied by the new index and divided by the starting index. The result is rounded to the upper euro.
The indexing amount is calculated taking into account the Consumer Price Index for the month of October of each year. The starting index is that of October 2013. ".
Art. 133. In section 591 of the same Code, the following amendments are made:
1° 7°, as amended by the Act of 31 March 1987, is replaced by the following:
"7° of the disputes referred to in the Act of 20 July 1971 on funerals and burials;"
2° on the 14°, amended by the law of 29 August 1988, is replaced by the following:
"14° of food obligations related to the right to social integration income;".
Art. 134. In section 594 of the same Code, last amended by the Act of 17 March 2013, the following amendments are made:
1° in 2°, the words "in case of guardianship" are inserted before the words "on the opposition made by the legal representative";
2° in 8°, the words "father, mother, opponent, guardian officieux" are repealed;
3° in the 9°, the words "when it is a minor under guardianship" are inserted before the words "on the opposition to payment to the Allocator";
4° it is inserted a 16° /1 written as follows:
"16° /1 on requests for judicial protection under articles 1238 to 1252;"
5° it is inserted a 16° /2 written as follows:
"16° /2 on applications for presumption of absence referred to in articles 112 to 117 of the Civil Code;"
6° the 19° is replaced by the following:
"19° on requests for the designation of a curator in accordance with Article 936 of the Civil Code;"
7° the 22° is repealed.
Art. 135. Article 597 of the same Code is supplemented by the words "and in terms of the designation of sequesters".
Art. 136. In section 617 of the same Code, last amended by the Royal Decree of 20 July 2000, the following amendments are made:
1° in paragraph 1^er, the amount of "1.860 euros" is replaced by the amount of "2.500 euros" and the amount of "1.240 euros" is replaced by the amount of "1.860 euros";
2° the article is supplemented by the following paragraphs:
"The King may adapt the amounts provided for in paragraph 1^er, without the appropriate amounts to exceed the indexing amounts defined below.
In the event of adjustment of amounts provided for in paragraph 1^er, the appropriate amounts are published to the Belgian Monitor no later than November. New amounts come into force on 1^er January of the year following that of their adaptation and are not applicable to applications filed before that date.
Each increase or decrease in the index results in an increase or decrease in indexing amounts, in accordance with the following formula: the new indexing amount is equal to the base amount, multiplied by the new index and divided by the starting index. The result is rounded to the upper euro.
The indexing amounts are calculated taking into account the Consumer Price Index for the month of October of each year. The starting index is that of October 2013. ".
Art. 137. Section 626 of the same Code is replaced as follows:
"Art. 626. Claims relating to maintenance, with the exception of those provided for in section 572bis, 14°, may be brought before the applicant's home judge, with the exception of requests to reduce or remove maintenance. ".
Art. 138. In article 627, 15°, of the same Code, inserted by the law of 15 June 2012, the words "the justice of the peace of the canton" are replaced by the words "the court of the family of the judicial district".
Art. 139. In section 628 of the same Code, last amended by the Act of 17 March 2013, the following amendments are made:
1°, 2° and 18° are each time completed by the words ", without prejudice to article 629bis";
2° replace the 23° with the following:
"23° the judge of the last domicile in Belgium of the missing person, absent or presumed absent or, if he has never had a domicile in Belgium, the justice of the peace of the 1st^er canton of Brussels or the judge of the district of Brussels, as the case may be.".
Art. 140. Section 629 of the same Code, replaced by the Act of 10 January 1977 and amended by the Act of 30 June 1994, is supplemented by a 7° as follows:
"7° of requests made under the Act of 16 May 1900 bringing amendments to the estate regime of small inheritances and requests made under the Act of 29 August 1988 on the estate regime of farms to promote continuity. ".
Art. 141. In the same Code, an article 629bis is inserted:
"Art. 629bis. § 1^er. Requests between parties that, either, are or have been married, are or have been legal cohabitants, as well as requests for common children of the parties or the property of such children or for a child whose filiation is established only with respect to one of the parents, shall be brought before the family court which has already received an application in the matters referred to in section 572bis.
§ 2. Requests for parental authority, accommodation and maintenance obligations in respect of a minor child are brought before the family court of the minor's home or, if not, the minor's habitual residence.
In the absence of a residence or habitual residence of the minor, the Brussels family court is competent to determine the application.
In cases where the parties have several common minor children whose domiciles or, failing that, the habitual residences are different, the first-instance family court is competent to obtain, by virtue of section 634, all requests made by the parties.
§ 3. The causes relating to civil status acts, those referred to in articles 633sexies and 633ssepties, those relating to adoption or relating to successions, wills and donations are brought before the competent family court under this Code.
§ 4. With the exception of those provided for in § 2, claims relating to maintenance referred to in Article 572bis, 13°, may be brought before the family court of the applicant's domicile, with the exception of requests to reduce or remove such maintenance.
§ 5. Except those relating to §§ 1^er at 4, applications are brought before the family court of the defendant's domicile or place of the last marital residence.
§ 6. Subject to § 1^erthe cases involving a number of applications, at least one of which is referred to in § 2 are within the territorial jurisdiction of the family court of the domicile or habitual residence of the minor.
§ 7. The family court decides to refer the file to the family court in another district if the child's interest orders it.
The family court may decide to refer the case to the family court of another district if a youth case has been established, at the request of a party or the public ministry or if the proper administration of justice orders such referral.
The decision in subparagraphs 1^er and 2 is motivated and is not subject to appeal.
§ 8. Subject to § 1^er, the parties may, in common agreement, determine the family court which will be competent to deal with their family file."
Art. 142. In the same Code, an article 629ter is inserted:
"Art. 629ter. The competent youth court is the one referred to in section 44 of the Act of 8 April 1965 on the protection of youth, the care of minors who have committed a crime and the reparation of the damage caused by this fact.".
Art. 143. In the same Code, an article 629quater is inserted:
"Art. 629quater. In cases involving minors, the territorial jurisdiction of the justice of the peace is determined by the domicile and, if not, by the habitual residence of the minor."
Art. 144. In article 630 of the same Code, the words ", 629bis" are inserted between the word "629" and the words "and earlier".
Art. 145. Article 633sexies of the same Code, inserted by the law of 10 May 2007, at § 1^er and in § 2, paragraph 2, the words "the court of first instance" are replaced by the words "the court of the family".
Art. 146. In article 633s of the same Code, inserted by the law of 10 May 2007, the words "the court of first instance" are replaced by the words "the family court".
Art. 147. In section 639, paragraph 2, of the same Code, as amended by the Act of 10 July 2006, the words "with, where applicable, the family file referred to in section 725bis which contains the record of the proceedings," are inserted between the word "procedure" and the words "to the president".
Art. 148. In section 708, paragraph 1^er, of the same Code, as amended by the law of 3 August 1992, the words "or the president of the court" are replaced by the words "the president of the court or the court of family and youth".
Art. 149. Article 722, paragraph 1^erthe same Code is supplemented by the following sentence:
"If the file is integrated into a file referred to in section 725bis, it is transmitted in conjunction with the said file."
Art. 150. In the same Code, an article 725bis is inserted:
"Art. 725bis. § 1^er. Without prejudice to the provisions of this chapter, applications submitted to the Family Court between parties that either have at least one common minor child or are or have been married or are or have been a legal cohabitation are attached to a single family file.
They are also attached to the family file referred to in paragraph 1^er, the causes of a child whose filiation is established only in respect of a single parent, as well as the causes of personal relations referred to in Article 375bis of the Civil Code.
§ 2. The family file is open from the first application to the family court.
Subject to the role numbers assigned to any cause in accordance with Article 720, a specific number is assigned to the family file. This issue is mentioned on all introductive proceedings, conclusions and other documents in the file.
Subject to the elements referred to in Article 721, the family file is composed of all the successive causes concerning the same parties and their common children born or born.
In the event that a family court is referred to another, in accordance with Article 629bis, § 7, the complete family file is transferred without delay.".
Art. 151. In section 731 of the same Code, as amended by the Act of 21 February 2005, the following amendments are made:
1° a paragraph written as follows is inserted between subparagraphs 1^er and 2:
"In family matters, cases may also be subject to conciliation by the court of appeal's family court or family chambers. This may also be the case when the case is pending before another family chamber, provided that the friendly settlement board is able to hold a hearing on an earlier date. ";
2° the article is supplemented by the following paragraphs:
"In family matters, the family court must, at the introductory hearing, inform them of the possibility of resolving their dispute through conciliation, mediation, or any other kind of friendly resolution of conflicts.
At the request of the parties, or if the magistrate considers it appropriate, the file shall then be referred to the family court's amiable settlement chamber, on the basis of sections 661 and following.
In the absence of an agreement, or in the event of a partial agreement, the amiable settlement board shall, on the basis of sections 661 et seq., return the file to the family room before which the file was introduced.
Throughout the proceedings, the parties or the magistrate have the opportunity to apply for the removal of their case before the amiable settlement board.
Similarly, throughout the proceeding, if a total or partial agreement is reached, the minutes shall note the terms and the shipment shall be subject to the enforceable formula, unless the parties require the application of section 1043.
Everything that is said or written during the informal settlement hearings is confidential.
Both the parties and the conciliator may, at any time, terminate the friendly settlement procedure. ".
Art. 152. In Article 747, § 3, paragraph 1^er, of the same Code, replaced by the law of 26 April 2007, the words ", the family court in the context of an urgent procedure" are inserted between the words "court sitting as referred" and the words "and the judge of the seizures".
Art. 153. In section 764, paragraph 1^er, 2°, of the same Code, replaced by the law of 3 August 1992 and amended by the laws of 9 May 2007 and 17 March 2013, the words "presumption or" are repealed.
Art. 154. Section 765 of the same Code, replaced by the Act of 4 May 1984, is replaced by the following:
"Art. 765. When deciding on applications relating to minors or persons protected under section 492/1 of the Civil Code, the justice of the peace may, even on his or her own motion, require the written notice of the public prosecutor's office to be requested.
In this case, the complete record of the proceedings is forwarded by the Chief Clerk of Peace Justice to the Office of the Court of First Instance of the District in which the canton is located.
The notice shall be rendered, within the time limit set by the justice of the peace, by the public ministry near the family and youth court.
The file is then returned, along with the advice of the Public Prosecutor's Office, to the Chief Clerk of Peace Justice.
The Public Prosecutor shall notify the parties' counsel by missive letter, and by judicial fold to the parties without a lawyer, the notice of the Public Prosecutor's Office, informing them of what they have a month to file conclusions relating exclusively to the content of this notice.
These conclusions are only taken into consideration as they respond to the opinion of the prosecutor.
The Chief Clerk sets the date and time of the hearing to which the case will be pleaded. ".
Art. 155. Section 872 of the same Code is replaced by the following:
"Art. 872. In the matters referred to in Chapter Xbis, the judge may request the Public Prosecutor's Office, where the case may be communicated to him for advice, to collect information on the items that are limited to him.
The proceedings of this information shall be filed in the registry, in the record of the proceedings. The parties are notified by the clerk."
Art. 156. Section 931 of the Code, as amended by the Act of 30 June 1994, is replaced by the following:
"Art. 931. The minor under the age of fifteen is not heard under oath. His statements are collected as simple information.
Without prejudice to article 1004/1, descendants are not heard in the causes where their ascendants have opposing interests. ".
Art. 157. In the fourth part, Book II, Title III, Chapter VIII, of the same Code, is inserted a section 7/1 entitled "The hearing of minors".
Art. 158. In section 7/1, inserted by section 155, an article 1004/1 is inserted as follows:
"Art. 1004/1. § 1^er. Every minor has the right to be heard by a judge in matters relating to parental authority, the right to accommodation and the right to personal relations. He has the right to refuse to be heard.
§ 2. A minor under the age of twelve shall be heard at the request of the court, at the request of the parties, of the public department or by the judge. The judge may, by a decision motivated by the circumstances of the case, refuse to hear a minor under the age of twelve, except where the application arises from the latter or the Public Prosecutor's Office. The decision to refuse is not subject to appeal.
§ 3. A minor who has attained the age of twelve is informed by the judge, if any, at the address of each of his or her parents, of his or her right to be heard in accordance with section 1004/2. A response form is attached to this information.
§ 4. If the minor has already been heard in the proceedings or in a previous proceeding, even before another court, the judge may not access the application if no new evidence justifies it.
§ 5. The judge hears the minor in a place he considers appropriate. Unless the judge derogates from it by a reasoned decision, the maintenance takes place outside the presence of anyone.
The maintenance report is attached to the procedure file. He tells the minor's words. The minor is informed that the parties may be aware of the report. He read it.
The report is not signed by the minor. If, in the course of the interview, the judge considers that the minor does not have the necessary discernment, he indicates that in the report.
§ 6. The maintenance with the minor does not give him the quality of a party to the procedure.
The views of the minor are taken into account in the light of their age and maturity. ".
Art. 159. In the same section 7/1, an article 1004/2 is inserted as follows:
"Art. 1004/2. The King establishes the form of information to the minor.
The form mentions the right to be heard by the judge, the way in which the interview is conducted, and the way in which the interview is accepted or denied. It also mentions that the maintenance report is attached to the record of the proceedings, that the parties may be aware of it and that the contents of the report may be used during the said procedure.
The form further states that, when the judge hears the minor, the judge is not required to comply with the requests made by the minor.
The form is sent, if any, to the address of each parent. ".
Art. 160. In section 1016bis of the same Code, inserted by the Act of 20 May 1987 and amended by the Act of 27 April 2007, the following amendments are made:
1° in paragraph 2, the words "to the president of the court of first instance" are replaced by the words "to the family court";
2° in paragraph 4, the words "The President of the Court" are replaced by the words "The Judge of the Family Court";
3° in paragraph 5, the words "to the president" are replaced by the words "to the family court";
4° in paragraph 7, the word "president" is replaced by the word "judge".
Art. 161. In article 1156 of the same Code, the words "the president of the court of first instance" are replaced by the words "the justice of the peace".
Art. 162. In article 1189, paragraph 2, of the same Code, the words "first instance" are replaced by the words "family".
Art. 163. In article 1191 of the same Code, replaced by the law of April 29, 2001, the words "of the court" are replaced by the words "of the family court".
Art. 164. In section 1193bis of the same Code, inserted by the Act of 18 February 1981, replaced by the Act of 29 April 2001 and amended by the Act of 3 May 2003, the following amendments are made:
1° in paragraph 1^er, the words "the court of first instance" are replaced by the words "the family court";
2° in paragraph 2, the words "of the justice of the peace or the court" are repealed;
3° in paragraph 4, the words "Articles 1186, paragraph 2, 1187, paragraph 2, and 1188, paragraph 2" are replaced by the words "Article 1187, paragraph 2".
Art. 165. In article 1195, paragraph 2, of the same Code, the words "the president of the court of first instance" are replaced by the words "the family court".
Art. 166. In article 1197 of the same Code, amended by the laws of 29 April 2001, 3 May 2003 and 17 March 2013, the words "president of the court of first instance" are replaced by the words "trinal of the family" and the words "488bis, f, §§ 3 and 4" are replaced by the words "499/7, § 2, and 499/9".
Art. 167. In article 1198 of the same Code, as amended by the Act of 29 April 2001, the words "President of the Court of First Instance" are replaced by the words " Family Court".
Art. 168. In article 1199, paragraph 2, of the same Code, the words "president of the court of first instance" are replaced by the words "trinal of the family" and the word "president" is replaced by the words "of the court".
Art. 169. In article 1204bis of the same Code, inserted by the law of 29 April 2001 and amended by the law of 17 March 2013, the words "in front of the justice of the peace" are replaced by the words ", as the case may be, before the justice of the peace or before the court of the family", the words "the justice of the peace" are replaced by the words "the judge" and the words "to the justice of the peace".
Art. 170. Section 1207 of the Code, last amended by the Act of 13 July 2011, is replaced by the following:
"Art. 1207. If all indivisaries do not consent to amicable sharing as well as in the cases referred to in article 1206, paragraph 6, the sharing shall take place judicially at the request of the most diligent party, who is being brought before the family court. ".
Art. 171. In section 1226 of the same Code, replaced by the Act of 9 May 2007, the following amendments are made:
1° in § 2, a paragraph written as follows is inserted between paragraphs 1^er and 2:
"When the application is based on Article 112 of the Civil Code, the application and all duly inventoried documents are filed in duplicate to the justice of the peace. Upon filing, the Clerk shall forward a copy to the Public Prosecutor's Office."
2° § 3 is supplemented by a paragraph written as follows:
"When the application is based on Article 112 of the Civil Code, the justice of the peace shall rule, the public prosecutor before being heard in his or her written or oral opinion."
Art. 172. In section 1227, § 3, of the same Code, replaced by the Act of 9 May 2007, paragraph 2 is replaced by the following:
"When the application is based on Article 113, § 2, or 117, § 1^er, from the Civil Code, the justice of the peace decides, the public ministry before it is heard in its written or oral opinion."
Art. 173. In article 1228, paragraph 1^er, of the same Code, amended by the law of 24 June 1970, the words "first instance" are replaced by the words "the family".
Art. 174. In article 1231-3, paragraph 1^er, of the same Code, inserted by the law of 24 April 2003 and amended by the law of 27 December 2004, the words "first instance" are replaced by the words "the family".
Art. 175. In article 1231-6, paragraph 1^er, of the same Code, inserted by the law of 24 April 2003 and amended by the law of 27 December 2004, the word "youngness" is replaced by the word "family".
Art. 176. Article 1231-9 of the same Code, inserted by the Act of 24 April 2003, is supplemented by the words "of the family".
Art. 177. In section 1231-10 of the same Code, inserted by the Act of 24 April 2003 and amended by the Acts of 2 June 2010 and 17 March 2013, the following amendments are made:
1° in paragraph 1^er, the word "tribunal" is each time replaced by the words "tribunal of the family";
2° in paragraph 1^er, 3°, the word "youngness" is each time replaced by the word "family".
Art. 178. In section 1231-11, paragraph 1^er, of the same Code, inserted by the law of 24 April 2003, the word "youngness" is replaced by the word "family".
Art. 179. In article 1231-13, paragraph 2, of the same Code, inserted by the law of 24 April 2003, the words "of the family" are inserted between the words "the court" and the words "stated as soon as possible".
Art. 180. In section 1231-14, paragraph 1^er, of the same Code, inserted by the Act of 24 April 2003, the words "The adopter or the adopters may, before the adoption is pronounced, ask the youth court, or:" are replaced by the words "When the adoption is for a minor child, the adopter or the adopters may, before the adoption is pronounced, ask the family court, or:".
Art. 181. In article 1231-27, paragraph 1^er, of the same Code, inserted by the law of 24 April 2003 and replaced by the law of 6 December 2005, the word "youngness" is replaced by the word "family".
Art. 182. In article 1231-30, 2°, of the same Code, inserted by the law of 24 April 2003 and amended by the law of 27 December 2004, the words "of the family" are inserted between the words "the court" and the words "in the month".
Art. 183. In article 1231-33/1, paragraph 1^er, of the same Code, inserted by the law of 30 December 2009, the word "youngness" is replaced by the word "family".
Art. 184. In article 1231-33/4, 2°, of the same Code, inserted by the law of 30 December 2009, the words "of the family" are inserted between the words "the court" and the words "in the fifteen days".
Art. 185. In article 1231-34, paragraph 1^er, of the same Code, inserted by the law of 24 April 2003, the word "youngness" is replaced by the word "family".
Art. 186. In article 1231-36, 2°, of the same Code, inserted by the law of 24 April 2003 and amended by the law of 27 December 2004, the words "of the family" are inserted between the words "the court" and the words "in the month".
Art. 187. In the opening sentence of article 1231-41 of the same Code, inserted by the law of 24 April 2003 and amended by the law of 27 December 2004, the word "youngness" is replaced by the word "family".
Art. 188. Section 1231-48, paragraph 2, of the same Code, inserted by the Act of 24 April 2003 and amended by the Act of 17 March 2013, is supplemented by the words "or any other party to action".
Art. 189. In article 1231-51 of the same Code, inserted by the law of 24 April 2003, the words "of the family" are inserted between the words "the court" and the words "may decide that it".
Art. 190. In article 1231-55 of the same Code, inserted by the Act of 24 April 2003 and amended by the Act of 27 December 2004, the words "The Court of Appeal" are replaced by the words "The Family Chamber of the Court of Appeal".
Art. 191. In Article 1233, § 1^er, 2°, of the same Code, replaced by the law of 29 April 2001, the words "Article 931, paragraphs 6 and 7" are replaced by the words "Article 1004/1, §§ 5 and 6".
Art. 192. In Article 1236bis, § 1^erParagraph 1^er, of the same Code, inserted by the law of 29 April 2001, the words "first instance" are replaced by the words "the family".
Art. 193. In Part IV, Book IV of the same Code, the title of Chapter Xbis, inserted by the law of July 14, 1976, is replaced by the following:
"Chapter Xbis. Requests for rights and duties arising from family relations".
Art. 194. Section 1253bis of the same Code, repealed by the Act of 3 August 1992, is reinstated in the following wording:
"Art. 1253bis. The family court shall take into account all the useful elements contained in the family file referred to in section 725 bis.".
Art. 195. In the same Code, an article 1253ter/1 is inserted as follows:
"Art. 1253ter/1. In all cases within the family court, as soon as an application is filed, the clerk shall inform the parties of the possibility of mediation, conciliation and any other method of amicable resolution of conflicts by sending immediately the text of articles 1730 to 1737 accompanied by a pamphlet of information concerning mediation, prepared by the Minister who has the Justice in his or her powers, the list of authorized mediators specialized in family matters established in the borough ".
Art. 196. In the same Code, an article 1253ter/2 is inserted as follows:
"Art. 1253ter/2. In all cases referred to in 1253ter/4, § 2, 1° to 4°, the parties are required to appear in person at the introductory hearing.
Derogation from paragraph 1^er, the parties are required, in all cases involving minor children, to appear in person at the introductory hearing, as well as at the hearing where issues concerning children and plea hearings are discussed.
In exceptional circumstances, the judge may authorize an exemption from the personal appearance of the parties provided for in paragraph 1^er and 2.
If the applicant does not appear in person, the judge, under the circumstances that he or she appreciates, declares the applicant who has fallen from his or her application, or refers the cause to the particular role of the board. In the latter case, the case may be brought back to the hearing within fifteen days at the request of one of the parties. If the defendant does not appear in person, the judge may either render a default judgment or give the case to a subsequent hearing. In the latter case, a new judicial fold is sent to the defendant. If the defendant still does not appear at this new hearing, the court shall, except in exceptional circumstances, pronounce a deemed contradictory judgment.
In the event of an agreement of the parties drafted by a lawyer, a notary or an authorized mediator on all requests made in the introductory case, the personal appearance of the parties is not required and the court shall approve the agreement of the parties, provided that the party is not manifestly contrary to the interests of the child. However, the judge may always order the personal appearance of the parties, either ex officio or at the request of the public prosecutor.".
Art. 197. In the same Code, an article 1253ter/3 is inserted as follows:
"Art. 1253ter/3. § 1^er. "If the parties, in the cases referred to in Article 1253ter/4, § 2, 1° to 4°, have not reached an agreement, the judge shall hear them on their dispute.
Without prejudice to section 1253ter/2, the judge may, in any event, order the parties to appear in person, at the request of one of the parties or the Public Prosecutor's Office, or if he considers it useful, in particular in order to reconcile the parties or to appreciate the opportunity of an agreement. The judge may propose to the parties whether conciliation or mediation is possible.
If the applicant does not appear in person, the judge, under the circumstances that he or she appreciates, declares the applicant who has fallen from his or her application, or refers the cause to the particular role of the board. In the latter case, the case may be brought back to the hearing within fifteen days at the request of one of the parties. If the defendant does not appear in person, the judge may either render a default judgment or give the case to a subsequent hearing. In the latter case, a new judicial fold is sent to the defendant. If the defendant still does not appear at this new hearing, the court shall, except in exceptional circumstances, pronounce a deemed contradictory judgment.
§ 2. By agreement of all parties, the judge may submit to a specified date, which may not exceed the three-month period set out in Article 1734, in order to allow the parties to examine whether agreements may be concluded or whether a mediation may offer them a solution, or to refer the matter, pursuant to Article 76, § 4, to the settlement chamber to the amiable. The case may be resumed earlier, upon written request from one of the parties.
§ 3. At any time, the parties may apply to the judge for their agreements concerning the measures referred to in Article 1253ter/4, § 2, 1° to 4°. The judge may refuse to accept the agreement if it is clearly contrary to the interests of the children. ".
Art. 198. "Art 1253ter/4. § 1^er. When the emergency is invoked, the family court shall rule in reference.
In the absence of an emergency, and except for the application of section 1043, the judge shall refer the case to an ordinary hearing.
§ 2. are deemed to be urgent and may be filed by contradictory request, quotation or joint request, the related causes:
1° to separate residences;
2° to parental authority;
3° to the right to accommodation and to personal relations with a minor child;
4° to food obligations;
5° to international child abductions;
6° to marriage authorizations referred to in section 167 of the Civil Code and the refusal of legal cohabitation referred to in article 1476quater, paragraph 5, of the Civil Code;
7° to provisional measures ordered on the basis of Article 1253ter/5.
It is decided on the basis of the procedure referred to.
If the cause is filed by summons, the period referred to in section 1035, paragraph 2, shall apply.
In the other cases, the opening hearing shall take place no later than fifteen days after the filing at the Registry.
If the causes referred to in paragraph 1^er are introduced together with other cases, the family court may decide to apply the procedure described in this section to these other applications. ".
Art. 199. In the same Code, an article 1253ter/5 is inserted as follows:
"Art. 1253ter/5. In addition to those taken in accordance with articles 19, paragraph 2, and 735, § 2, the judge may take, on a provisional basis, the following measures:
(1) order or amend any provision relating to parental authority, accommodation and the right to personal relations;
2° fixing, modifying or removing maintenance;
3° fixing separate residences of spouses and legal cohabitants;
4° prohibit one of the spouses, for the duration he or she fixes, from alienating, hypothecating or engaging in clean or common household or real property without the consent of the spouse; it may prohibit the movement of furniture or assign personal use to one of the two spouses;
5° oblige the spouse who possesses the movable property to give bail or to justify sufficient solvency;
6° use the same powers as those assigned to it in article 221 of the Civil Code;
7° fixing spouses' marital residence in case of disagreement;
8° any action taken on the basis of articles 1209 to 1212.
When the application is filed by request, the introductory hearing must intervene within fifteen days of the filing of the request.
With respect to the establishment of separate residences referred to in paragraph 2, 3°, if a spouse or legal cohabitant is guilty of an act referred to in section 375, 398 to 400, 402, 403 or 405 of the Criminal Code or has attempted to commit an act referred to in section 375, 393, 394 or 397 of the same Code, or if there are any
The acts of alienation referred to in paragraph 2, 4, are the acts referred to in Article 1^er Act of 16 December 1851 on the revision of the mortgage regime and section 8 of the Act of 10 February 1908 on maritime navigation and inland navigation.
In the case referred to in paragraph 2, 6°, the judgment of the family court may be against any third current or future debtors on the notification made to them by a judicial officer at the request of one of the parties. When the judgment ceases to produce its effects, third-party debtors are informed in the same way of the request of the most diligent party. ".
Art. 200. In the same Code, an article 1253ter/6 is inserted, as follows:
"Art. 1253ter/6. If an application for a minor is submitted to the court, the family court shall take all due diligence and conduct all relevant investigations, taking into account the best interests of the child.
The court may, among other things, carry out any investigation that is relevant to the personality of the child, the environment in which he or she is raised, to determine his or her interest and appropriate means of his or her education or treatment.
It may carry out a social study through the competent social service and subject the child to a medical-psychological examination, when the file submitted to him does not seem sufficient.
When the court conducts a social study, it may, except in the case of extreme urgency, make or amend its decision only after it has taken note of the opinion of the competent social service, unless that notice fails to reach it within the time limit that it has set and which cannot exceed seventy-five days.
The information is, in any case, communicated to the parties prior to the hearing.
The court shall take into account, if any, the views expressed by children in accordance with section 1004/1.".
Art. 201. In the same Code, an article 1253ter/7 is inserted as follows:
"Art. 1253ter/7. § 1^er. By derogation from the provisions of Part III, Part III, the deemed urgent cases remain in the role of the family court, even in the event of a decision in the appeal. In case of new elements, the same case may be brought back to the court within fifteen days, by finding or by written request, filed or addressed to the registry. These new elements must be indicated in the conclusions or written request, barely invalid.
By "new elements", it is necessary to hear:
1° in general, an unknown element in the first application;
2° in food, new circumstances specific to the parties or children and likely to significantly alter their situation;
3° in respect of accommodation, rights to personal relations and the exercise of parental authority, new circumstances that may alter the situation of the parties or that of the child. However, in the latter case, the court will only be entitled to this new application if the child's interest justifies it.
§ 2. In case of inappropriate recourse to the possibility provided for in § 1^erParagraph 1^er, to bring the case to court, the judge may exercise the faculty assigned to him in section 1017, paragraph 4.
§ 3. Article 730, § 2, (a), is not applicable to the causes covered by the permanent referral of this Article. ".
Art. 202. An article 1253ter/8 is inserted in the same Code, which reads as follows:
"Art. 1253ter/8. The family court shall be seized in the matters set out in articles 353-10 and 354-2 of the Civil Code, and without prejudice to articles 145, 478, and 479 of the same Code and articles 1231-3, 1231-24, 1231-27 and 1231-46, by an application signed as the case may be, by the minor, father, mother, guardian, subrogated guardian, curator, member of the family or member of the public welfare centre.
Art. 203. In section 1253quater of the same Code, inserted by the Act of 14 July 1976 and amended by the Acts of 19 March and 2 June 2010, a) is repealed.
Art. 204. In article 1253quinquies of the same Code, inserted by the law of 14 July 1976, the following amendments are made:
1° in paragraph 1^er, the words "juge de paix" are replaced by the words "tribunal of the family" and the word "judge" is replaced each time by the word "judge";
2° in the Dutch text of paragraph 1^er, the word "hem" is each time replaced by the word "haar" and the word "hij" is replaced by the word "zij";
3° in paragraph 3, the word "judge" is replaced by the word "judge";
4° in the Dutch text of paragraph 3, the word "hem" is replaced by the word "haar".
Art. 205. In Article 1253sexies, § 1^erParagraph 1^er, of the same Code, inserted by the law of 14 July 1976, the word "requests" is replaced by the word "requests" and the words "in article 4, § 1^er, 1° and 2°, of the law of 10 February 1908" are replaced by the words "in article 272bis, § 2, 1° and 2°, of the Code of Commerce".
Art. 206. In article 1253ssepties of the same Code, inserted by the law of 14 July 1976, paragraph 1^er is replaced by the following:
"In emergency cases, a spouse who requests a ban on the disposition or hypothec of property that may be hypothecated may request that, even before deciding on the merit of the application, the family court authorizes him to enrol his application on the margins of the last title of acquisition transcribed of the property referred to in the introductory act. An extract of the judgment is notified by the clerk to the mortgage curator. ".
Art. 207. In section 1254 of the same Code, replaced by the Act of 27 April 2007 and amended by the Acts of 2 June 2010 and 5 April 2011, the following amendments are made:
1° in § 1^er, paragraph 6, the sentence "If the applicant wishes these applications to be immediately filed in reference, the application shall be filed by exploit of judicial officer containing summons to appear before the chair sitting in return, as stated in section 1280, and before the court." is repealed;
2° in § 2, paragraph 1^er, the words "of the family" are inserted between the words "of the court" and the words "control in this case";
3° § 4/1 is repealed.
Art. 208. In section 1255 of the same Code, replaced by the Act of 27 April 2007 and amended by the Acts of 2 June 2010, 5 April 2011 and 17 March 2013, the following amendments are made:
1° in § 1^er, paragraph 2, the words "compare the parties" are replaced by the word "hearing";
2° § 6 is replaced by the following:
§ 6. The judge may order the personal appearance of the parties at the request of either the parties or the Public Prosecutor's Office, or if the judge considers it useful, in particular with a view to reconciling the parties or appreciating the opportunity for an agreement on the person, food and property of the children.
Without prejudice to article 1734, the court shall inform the parties of the possibility of resolving their dispute through conciliation, mediation or any other kind of amicable resolution of conflicts. If it finds that a reconciliation is possible, it may order the proceedings to be postponed in order to allow the parties to collect all relevant information in this regard. The duration of the overseverance may not exceed one month.
At the request of the parties, or if the judge considers it appropriate, the file shall then be referred to the family court's amiable settlement chamber, on the basis of sections 661 and following. ";
3° in § 7, the words "the president of the court" are replaced by the words "the family court".
Art. 209. In section 1256 of the same Code, restored by the Act of 27 April 2007, paragraph 3 is replaced by the following:
"In the absence of an agreement or in the event of a partial agreement, the judge shall refer, at the request of one of the parties, to its first useful hearing as part of the deemed urgent cases or of the causes for which the urgency is invoked within the meaning of section 1253ter/4. Section 803 is applicable.".
Art. 210. Section 1263 of the same Code, as amended by the Act of 30 June 1994, is replaced by the following:
"Art. 1263. Where the law requires the personal appearance of the parties or ordered by the court, the spouse who fails may, under the circumstances that the judge appreciates, be declared to be defused of his action, or see the cause referred to the particular role of the board. In the latter case, the case may be brought back to the hearing within fifteen days at the request of one of the parties. ".
Art. 211. In article 1275, paragraph 2, paragraph 4, of the same Code, replaced by the law of 30 June 1994, the words "a court that has ruled on the application" are replaced by the words "a court of first instance whose family court that has ruled on the application is part".
Art. 212. In article 1278, paragraph 4, of the same Code, replaced by the law of 30 June 1994, the words "of the family" are inserted between the words "the court" and the words "may, at the request".
Art. 213. Section 1280 of the Code, last amended by the Act of 5 April 2011, is replaced by the following:
"Art. 1280. When deciding on cases deemed to be urgent or the causes for which the emergency is invoked within the meaning of section 1253ter/4, the Family Court shall, at the request of either the parties or one of them, or the Crown Prosecutor, have urgent measures pursuant to section 1253ter/5 and 1253ter/6.
Articles 1253sexies, § 1^er1253ssepties, paragraph 1^er, and 1253octies are applied when the prohibition on the disposal or hypothecization of property that is subject to mortgage is requested or ordered. It is also applicable, section 224 of the Civil Code.".
Art. 214. Section 1289 of the same Code, replaced by the Act of 30 June 1994, is replaced by the following:
"Art. 1289. § 1^er. If the spouses have been separated for more than six months on the day the request is filed and the personal appearance referred to in § 3 is not ordered, the procedure shall be in writing. Section 755 is applicable.
§ 2. If the spouses have not been separated for more than six months on the day the application is filed, they are required to appear together and in person before the family court in the month from the day of the application. They make the court a statement of their will.
§ 3. Regardless of the length of separation of spouses, the appearance of the parties may always be ordered by the court, either on initiative or at the request of the Crown Prosecutor or one of the parties. In this case, the spouses are required to appear together and in person before the family court in the month from the day of the filing. They make the court a statement of their will.
§ 4. In the cases referred to in paragraphs 2 and 3, the court may, in exceptional circumstances, authorize the spouse(s) to be represented by a lawyer or notary. ".
Art. 215. Section 1289bis of the same Code, inserted by the Act of 30 June 1994, is repealed.
Art. 216. In section 1289ter of the same Code, inserted by the Act of 30 June 1994, the following amendments are made:
1° in paragraph 2, the words "paragraphs 2 and 3" are inserted between the words "seen to article 1289," and the words "unless because";
2° in paragraph 3, the words "president of the court or the judge who performs its functions" are replaced by the words "family court".
Art. 217. In article 1290 of the same Code, as amended by the laws of 1^er July 1972, 30 June 1994 and 20 May 1997, the following amendments are made:
1° the words "Article 931, paragraphs 3 to 7" are each replaced by the words "Article 1004/1";
2° in paragraph 3, the words "paragraphs 2 and 3," are inserted between the words "scheduled to article 1289," and the words "decidate from office".
Art. 218. Section 1291bis of the same Code, inserted by the Act of 27 April 2007, is repealed.
Art. 219. In article 1292, paragraph 1^er, of the same Code, replaced by the law of 1^er July 1972, the words "1289 to 1291" were replaced by the words "articles 1289, §§ 2, 3 and 4, to 1291".
Art. 220. In section 1293 of the same Code, replaced by the Act of 30 June 1994 and amended by the Act of 20 May 1997, the following amendments are made:
1° in paragraph 1^er, the words "When the spouses or one of them" are replaced by the words "when, in the month from the day of the filing of the request and before the eventual appearance of the parties referred to in 1289, §§ 2 and 3, the spouses or one of them";
2° in paragraph 2, the words "article 931, paragraphs 3 to 7" are replaced by the words "article 1004/1";
3° paragraph 3 is repealed;
4° in paragraph 4, which becomes paragraph 3, the words "or third" are deleted and the words "in the second paragraph or the hearing provided for in the third paragraph" are replaced by the words "in the same paragraph" and the words "a new date for the second appearance provided for in section 1294" are replaced by the words "a new date of appearance";
5° Paragraph 5 is repealed.
Art. 221. Section 1294 of the same Code, replaced by the Act of 30 June 1994 and amended by the Acts of 20 May 1997 and 27 April 2007, is repealed.
Art. 222. In section 1294bis of the same Code, inserted by the Act of 27 April 2007 and amended by the Act of 31 October 2008, the following amendments are made:
1° in § 1^er, the words "scheduled to Article 1294" are replaced by the words "scheduled to Article 1289, §§ 2 and 3";
2° § 1^er is supplemented by the words ", §§ 2 and 3";
3° in § 2, the words "the hearing of the referees" are replaced by the words "the hearing on matters deemed urgent" and the word "president" is replaced by the word "court".
Art. 223. In article 1298 of the same Code, as amended by the laws of 30 June 1994 and 20 May 1997, the words "The court" are replaced by the words "The family court" and the words "on the reference" are repealed.
Art. 224. In section 1302, paragraph 1^er, of the same Code, replaced by the law of 30 June 1994, the words "of the family room" are inserted between the words "against the order" and the words "of the court of appeal".
Art. 225. In article 1316, paragraph 2, of the same Code, as amended by the law of 14 July 1976, the words "of the family" are inserted between the words "of the court" and the words "who rendered it".
Art. 226. ÷ section 1321 of the same Code, replaced by the Act of March 19, 2010, the following amendments are made:
1° in § 1^er, 1°, the word "judge" is replaced by the words "family court";
2° in § 2, the word "judge" is replaced by the words "judge of the family";
3° in the Dutch text of § 2, the word "hij" is each time replaced by the word "zij".
Art. 227. In article 1322/1 of the same Code, inserted by the law of 19 March 2010, the word "judge" is replaced by the words "judge of the family".
Art. 228. In article 1322bis of the same Code, inserted by the Act of 10 August 1998 and replaced by the Act of 10 May 2007, the words "President of the Court of First Instance" are replaced by the words "the Family Court".
Art. 229. In article 1322quater, paragraph 2, of the same Code, inserted by the law of 10 August 1998, the word "president" is replaced by the word "court".
Art. 230. In article 1322quinquies of the same Code, inserted by the law of 10 August 1998 and amended by the law of 10 May 2007, the words "president of the court" are replaced by the words "judge of the family court".
Art. 231. In section 1322sexies of the same Code, inserted by the Act of 10 August 1998 and amended by the Act of 10 May 2007, the following amendments are made:
1° in paragraph 1^erthe words "the president of the court of first instance" are replaced by the words "the family court";
2° in paragraph 4, the words "of the court order" are replaced by the words "of the judgment rendered by the family court".
Art. 232. In section 1322decies of the same Code, inserted by the Act of 10 May 2007, the following amendments are made:
1° in § 2, 2°, the words "president of the court of first instance" are replaced by the words "trinal of the family";
2° in §§ 4 and 5, the words "president of the court" are replaced each time by the words "tribunal of the family".
Art. 233. In article 1322undecies of the same Code, inserted by the law of 10 May 2007, the words "president of the court" are replaced by the words "tribunal of the family".
Art. 234. In Article 1322duodecies, §§ 1^er and 2, of the same Code, inserted by the law of 10 May 2007, the word "youngness" is each time replaced by the word "family".
Art. 235. In article 1383 of the same Code, as amended by the Act of 15 May 2007, the words "first instance" are replaced by the words "family".
Art. 236. In Article 1385duodecies, § 1^erParagraph 1^er, of the same Code, inserted by the law of 10 May 2007, the words "first instance" are replaced by the words "the family".
Art. 237. In the same Code, an article 1398/1 is inserted as follows:
"Art. 1398/1. § 1^er. Except as special provisions, decisions taken by the judge of the family court are enforceable by provision. Nevertheless, the enforcement of the judgment is only at the risk and risk of the party that pursues it and without prejudice to the cantonment rules.
§ 2. The judge serving in the family court may, with a specially reasoned decision, refuse provisional execution if one of the parties so requests.
§ 3. However, provisional execution does not take place, for decisions relating to the state of persons, except with respect to interlocutory decisions or before the right.".
Art. 238. In the same Code, an article 1398/2 is inserted as follows:
"Art. 1398/2. Except where they relate to disputes relating to the proceedings relating to the celebration of marriage, the lifting of the prohibition of marriage between minors and its authorization, the judgments rendered by the judge of the family court, sitting in the context of the deemed or invoked emergency within the meaning of section 1253ter/4, shall be enforceable by provision, notwithstanding opposition or appeal, and without bail if the judge has not ordered that a court order.
CHAPTER 4. - Amendment of the Criminal Code
Art. 239. In article 391bis, paragraphs 3 and 4, of the Criminal Code, replaced by the Act of 5 July 1963 and amended by the Acts of 31 March 1987 and 27 April 2007, the words "1280, paragraph 5" are each replaced by the words "1253ter/5 and 6".
CHAPTER 5. - Amendments to the Act of 8 April 1965 on the Protection of Youth, the Care of Minors who have committed a crime and the Compensation of Damage caused by this fact
Art. 240. Section 8 of the Act of 8 April 1965 on the Protection of Youth, the Care of Minors who have committed a crime and the Compensation for the Damage caused by this fact, as amended by the Act of 10 October 1967, is replaced by the following:
"Art. 8. With regard to cases falling within the scope of this Act, the youth court shall, in no way null and void, decide only after hearing the public prosecutor's opinion or requisitions. ".
Art. 241. Section 11 of the Act is repealed.
Art. 242. Section 44 of the Act, replaced by the Act of 2 February 1994 and amended by the Acts of 29 April 2001, 24 April 2003 and 13 June 2006, is replaced by the following:
"Art. 44. § 1^er. The territorial jurisdiction of the youth court is determined by the residence of persons who exercise parental authority or, in the case of a joint exercise by separate persons, by the residence of the person in whom the young person usually resides.
§ 2. Where they do not have a residence in Belgium or where their residence is unknown or uncertain, the court of competent youth shall be the place where the person concerned committed the offence, the place where he is found or the place where the person or institution to which he was entrusted by the competent authorities has his residence or his seat.
§ 3. When the youth court is seized after the youth has reached the age of eighteen years, the youth court is the place where the youth resides, or, if the youth is unknown or uncertain, the place where the offence has been committed.
§ 4. However, the competent youth court is that of the applicant's residence in the event of the application of section 18, paragraph 5.
§ 5. If the persons referred to in § 1^er change of residence while the young person is subject to a measure of custody, preservation or education, they must, under penalty of a fine of one to twenty-five euros, give notice without delay to the competent youth court.
§ 6. The change of residence results in the divestiture of this court for the benefit of the youth court of the district where the new residence is located unless the youth judge, the public ministry or parents request the maintenance of the referral of the youth court already seized. The file is transmitted by the clerk of the divei court to the court in question.".
Art. 243. In section 45 of the Act, last amended by the Act of 15 May 2006, the 1st is repealed.
Art. 244. Section 56bis of the Act, inserted by the Act of 2 February 1994, is repealed.
Art. 245. In article 62bis of the same law, inserted by the law of 2 February 1994, the words "of article 59bis, §§ 2bis and 4bis," are replaced by the words "of articles 128, 130 and 135".
Art. 246. In Article 63bis, § 1^er, of the same law, inserted by the law of 2 February 1994, the words "of Article 59bis, §§ 2bis and 4bis," are replaced by the words "of Articles 128, 130 and 135".
CHAPTER 6. - Amendments to various legislative and regulatory provisions
Art. 247. In Article 30, § 3, of the Law of 26 June 1990 on the Protection of the Person of Mentally Sick, amended by the Law of 13 June 2006, paragraph 1^er is replaced by the following:
"The appeal against the judgments of the justice of the peace is filed by a petition to the family court, which sets the hearing. The case is referred to a three-judge chamber. The appeal against the judgments of the youth court is filed by a petition to the youth chamber of the court of appeal, which sets the hearing. ".
Art. 248. In section 33 of the Act, amended by the Act of 13 June 2006, the words "59bis and 59ter" are replaced by the words "128, 130 and 135".
Art. 249. In section 34, paragraph 3, of the Act, as amended by the Act of 13 June 2006, the words "The judge, court or court" are replaced by the words "The justice of the peace, the family court, the youth court or the youth chamber of the court of appeal".
Art. 250. In section 36, 1°, (a), of the same law, the words "59bis and 59ter" are replaced by the words "128, 130 and 135".
Art. 251. In Article 3, paragraphs 1^er and 3, of the Act of 16 May 1900 on the estate regime of small inheritances, amended by the Act of 14 May 1981, the words "judge of peace" are each replaced by the words "judge of the family".
Art. 252. In section 4 of the Act, last amended by the Act of 29 April 2001, the following amendments are made:
1° in paragraph 5, the words "juge de paix" are replaced each time by the words "tribunal of the family";
2° in paragraph 6, the first sentence is repealed and the word "It" is replaced by the words "The Court";
3° in paragraph 7, the words "juge of peace or, in the case provided for in the preceding paragraph, the judge designated for that purpose," are replaced by the words "juge designated for that purpose".
Art. 253. In section 5 of the Act, replaced by the Act of 20 December 1961, the following amendments are made:
1° in paragraph 1^er, the words "juge de paix" are replaced by the words "tribunal of the family";
2° in paragraph 2, the words "juge de paix du canton où" are replaced by the words "tribunal de la famille de l'arrondissement judiciaire dans laquelle";
3° in paragraph 3, the words "juge de paix" are replaced by the word "tribunal".
Art. 254. In article 6, paragraph 2, of the same law, inserted by the law of 20 December 1961, the words "at the time of the resumption by the court which decides, either later by the justice of the peace of the canton where" are replaced by the words "at the time of the resumption, or later by the court of the family of the judicial district in which".
Art. 255. In section 4 of the Act of 29 August 1988 on the estate regime of farms to promote continuity, the following amendments are made:
1° in paragraph 1^er, the words "juge de paix" are replaced each time by the words "tribunal of the family";
2° in paragraph 2, the first sentence is repealed and the word "It" is replaced by the words "The Court";
3° in paragraph 3, the words "peace judge or, in the case provided for in the preceding paragraph," are repealed.
Art. 256. In section 5 of the Act, the following amendments are made:
1° in paragraph 1^er, the words "juge de paix" are replaced by the words "tribunal of the family";
2° in paragraph 2, the words "juge de paix du canton où" are replaced by the words "tribunal de la famille de l'arrondissement judiciaire dans laquelle";
3° in paragraphs 3 and 4, the words "peace judge" are replaced by the word "tribunal".
Art. 257. In section 6 of the Act, the following amendments are made:
1° in paragraph 1^er, the words "juge de paix" are replaced by the words "tribunal of the family";
2° in paragraph 2, the words "juge de paix du canton où" are replaced by the words "tribunal de la famille de l'arrondissement judiciaire dans laquelle";
3° in paragraph 3, the words "juge de paix" are replaced by the word "tribunal".
Art. 258. In article 8, paragraph 2, of the same law, the words "juge de paix du canton où" are replaced by the words "tribunal de la famille de l'arrondissement judiciaire dans laquelle".
Art. 259. In Article 10, paragraph 1^er, from the same law, the words "juge de paix" are replaced by the words "tribunal of the family".
Art. 260. In Article 11 of the Act of 12 July 1931, relating to certain acts of civil status and to the competence of diplomatic and consular agents in matters of civil status, the words "first instance" are replaced by the words "the family".
Art. 261. In Article 5, § 3, of the Code of Belgian Nationality, restored by the law of 1^er March 2000, the words "first instance" are replaced by the words "family".
Art. 262. In section 27 of the Private International Law Code, the following amendments are made:
1° in § 1^erParagraph 4 is supplemented by the following sentence:
"The appeal is brought before the family court if the authentic foreign act concerns a jurisdiction referred to in Article 572bis of the Judicial Code. ";
2° § 2 is supplemented by the following sentence:
"The application for a declaration of enforceable force of an authentic foreign act is brought before the family court if this act concerns a jurisdiction referred to in Article 572bis of the Judicial Code. ".
Art. 263. In Article 31, § 1^er, paragraph 3, of the same Code, the words "first instance court" are replaced by the words "family court".
Art. 264. In section 69 of the Family Allowance Acts for Employees, coordinated on 19 December 1939, last amended by the Act of 30 December 2009, the following amendments are made:
1° in § 1^er, paragraph 5, the last sentence is replaced by the following:
"When parents do not agree on the allocation of family allowances and are separated or pending separation, they may ask the family court to designate the attribute in the child's interest. When the application is made, the family court may decide whether to designate a single allocator or whether the family allowances will be in whole or in part returned by a parent to the other.
This decision produces its effect on the first day of the month following that in which it was notified to the competent family allowance agency."
2° § 3 is replaced by the following:
§ 3. If the child's interest so requires, the father, mother, opponent, guardian, guardian, curator or attribute may object to payment to the person referred to in § 1^er, 2 or 2bis, in accordance with Article 572bis, 14° and 15°, of the Judicial Code or under Article 594, 8°, of the same Code.".
Art. 265. Article 44, § 1^er, 3° and 4°, of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, the words "the justice of the peace" are replaced by the words "the court of the family".
Art. 266. In Article 8, 3°, of the Decree-Law of 7 February 1945 concerning the social security of the sailors of the merchant marine, the words "juge de paix" are replaced by the words "tribunal de la famille".
Art. 267. In section 4 of the Act of 15 May 2012 on the temporary prohibition of residence for domestic violence, the following amendments are made:
1° in § 1^erParagraph 1^er, the words "judge de paix du canton" are replaced by the words "tribunal of the family of the district in which the residence concerned is located, subject to Article 629bis, § 1^er";
2° in § 1^er, paragraph 2, the words "juge de paix" are replaced by the words "tribunal of the family";
3° in § 2, paragraph 1^er, the words "juge de paix" are replaced by the words "tribunal of the family".
Art. 268. In section 5 of the same law, the words "juge de paix" are replaced by the words "tribunal de la famille".
CHAPTER 7. - Transitional provisions and evaluation
Art. 269. Cases pending at the time this Act comes into force will continue to be dealt with by the court or court.
If a decision has been broken by the Court of Cassation and a referral is required in a matter of the jurisdiction of the family and youth courts, the case is referred to the Family and Youth Court. In the cases provided for in this section, the files are forwarded to the Chief Clerk of Service of the Family and Youth Court.
Art. 270. The opposition against the decisions rendered by the justice of the peace, or by the civil court of the court of first instance in matters relating to the jurisdiction of the family chambers of the family and youth courts, or by the youth court in civil matters, is brought before the family court. If the opposition was formed prior to the coming into force of this Act, section 263 is applicable.
Art. 271. The mandates of the judges in the youth court and youth appeal judges appointed at the time of the entry into force of this article are, on an ex officio basis, transformed into terms of office of a judge in the family and youth court and the terms of reference of a family and youth appeal judge.
Art. 272. Judges of the Family and Youth Court who, at the time of the coming into force of this Act, have been serving in these courts for at least three years or who have obtained the youth judge's patent are exempt from the initial training provided for in Article 259sexies of the Judicial Code.
They must, however, follow the continued training. The other magistrates prove, in the year of the coming into force of the law, that they met the training requirements set out in the Judicial Training Institute.
Art. 273. The application of this Act will be assessed by the Minister of Justice and the Minister with the Families in his or her powers in the sixth year following that of his or her coming into force. In this regard will be examined, in particular, the functioning and workload of the family court and the functioning of the friendly settlement chambers.
The Minister with the Families in his or her responsibilities will forward the report of this assessment to the Legislative Chambers no later than June 30 of the seventh year following that of the coming into force of this Act.
CHAPTER 8. - Entry into force
Art. 274. This Act comes into force on 1^er September 2014.
The King may fix an effective date prior to that referred to in paragraph 1^er.
Promulgate this Act, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 30 July 2013.
PHILIPPE
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
Documents of the House of Representatives:
53-682 -2010/2011:
No. 1: Bill by Mr. Brotcorne et al.
Nos 2 à 5 : Addenda.
No. 6: Opinion of the State Council.
Nos. 7 to 14: Amendments.
No. 15: Report.
No. 16: Text adopted by the Commission.
No. 17: Amendments.
No. 18: Text adopted in plenary and transmitted to the Senate.
Full report: 19 and 20 July 2011.
Documents of the Senate:
5-1189 -2010/2011:
No. 1: Project transmitted by the House of Representatives.
5-1189 -2011/2012:
No. 2: Amendments.
5-1189 -2012/2013:
Nos. 3-6: Amendments.
No. 7: Report.
No. 8: Text amended by the Commission.
No. 9: Text amended by the Senate and referred to the House of Commons
representatives.
No. 10: Annex.
Annales du Senate: June 20, 2013.
Documents of the House of Representatives:
53-682 -2012/2013:
No. 19: Draft amended by the Senate.
No. 20: Amendments.
No. 21: Report.
No. 22: Text adopted by the Commission.
No. 23: Text adopted in plenary and transmitted to the Senate.
Full report: 17 July 2013.
Documents of the Senate:
5-1189 -2012/2013:
No. 11: Amended text to the House of Representatives and referred to the Senate.
No. 12: Report.
No. 13: Text adopted in plenary and subject to Royal Assent.
Annales du Senate: July 18, 2013.