Act On The Establishment Of A Tribunal Of The Family And Youth (1)

Original Language Title: Loi portant création d'un tribunal de la famille et de la jeunesse (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013009420&caller=list&article_lang=F&row_id=1100&numero=1110&pub_date=2013-09-27&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-09-27 Numac: 2013009420 SERVICE PUBLIC FÉDÉRAL JUSTICE July 30, 2013. -Law on the establishment of a family and youth court (1) PHILIPPE, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Disposition introductory Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
CHAPTER 2. -Changes of the Code civil art. 2. in article 54 of the civil Code, "first instance" shall be replaced by the words 'the family'.
S. 3. in article 72 of the Code, as amended by the laws of December 15, 1949 and may 9, 2007, "first instance" shall be replaced by the words 'the family'.
S. 4. in article 72bis from the same Code inserted by the law of 7 January 1908, the words "family" are inserted between the words "of the Court" and the words ", given on request,".
S. 5. in article 112 of the Code replaced by Act of May 9, 2007, the following changes are made: 1 ° in the § 1, "Court of first instance" shall be replaced by the words "Justice of the peace";
2 ° § 2 is repealed;
3 ° § 3, which becomes paragraph 2, is replaced by the following: "§ § 2 2" The Crown is responsible for ensuring the interests of the people presumed missing.
It is understood in its written or oral notice or its requisitions, in accordance with articles 766, paragraph 2, and 767 of the Judicial Code, all claims concerning them. "."
S. 6. in article 113, § 1, paragraph 1, of the same Code, replaced by the Act of May 9, 2007, the words "when the Court of first instance" shall be replaced by the words "when it".
S.
7. in article 114, § 2, paragraph 2, 1 °, of the same Code, replaced by the Act of May 9, 2007, "Court of first instance" shall be replaced by the words "Justice of the peace".
S. 8. in article 117, § 1, paragraph 1, of the same Code, replaced by the Act of May 9, 2007, "Court of first instance" shall be replaced by the words "Justice of the peace".
S.
9. in article 118 of the Code, replaced by the Act of May 9, 2007, the following changes are made: 1 ° in the § 1, "first instance" shall be replaced by the words 'the family'.
2 ° in § 2, the words "112, § 2" are replaced by the words "112, § 1".
S. 10. in article 120, paragraph 1, of the same Code, replaced by the Act of May 9, 2007, "first instance" shall be replaced by the words 'the family'.
S. 11. in article 122, paragraph 1, of the same Code, replaced by the Act of May 9, 2007, "first instance" shall be replaced by the words 'the family'.
S.
12. in article 126 of the same Code, replaced by the Act of May 9, 2007, "first instance" shall be replaced by the words 'the family'.
S. 13. in article 127 of the same Code, replaced by the Act of May 9, 2007, the words "family" are inserted between the words "and the Court" and the words "may in this case".
S. 14. in article 130, paragraph 1, of the same Code, replaced by the Act of May 9, 2007, the words "family room of the" shall be inserted between the words "formed by request to the" and the words "Court of appeal" and the words "first instance" shall be inserted between the words "in the registry of the Court" and the words "which has made the decision".
S. 15 article 145 of the same Code, replaced by the Act of 19 January 1990 and amended by laws of April 29, 2001 and may 9, 2006, the following changes are made: 1 ° in the paragraph 1, the word 'Youth' is replaced by the word "family";
2 ° in paragraph 3, the word "Court" is replaced by "House of the family of the Court of appeal".
S. 16. in article 148, paragraph 2, of the same Code replaced by Act of 19 January 1990, "in the family" is inserted between the words "the Court" and the words "hearing the application".
S. 17. in article 167, paragraph 6, of the same Code, restored by Act of 4 May 1999 and amended by the Act of 1 March 2000, "first instance" shall be replaced by the words 'the family'.
S. 18. in article 185 of the same Code, replaced by the Act of 19 January 1990, the word 'Youth' is replaced by the word "family".
S. 19. in article 203bis of the Code inserted by the Act of 31 March 1987, and replaced by the Act of March 19, 2010, the following changes are made: 1 ° in § 4, paragraph 1, the word "judge" shall be replaced by the words "family court";
2 ° in § 4, paragraph 2, the word "judge" is replaced by the word "tribunal".
S.
20. in article 203ter, paragraph 2, of the same Code, inserted by the Act of 31 March 1987, and replaced by the Act of March 19, 2010, the word "judge" is replaced by the words "family court".
S.
21. in article 203quater, § 1, paragraphs 2 and 4, § 2, of the same Code, inserted by the Act of March 19, 2010, the word "judge" shall be replaced by the word "tribunal".
S. 22. in article 210 of the same Code, the words "of the family" shall be inserted between the words "the Court" and the words "may, in knowledge of the facts".
S. 23. in article 214, paragraph 1, of the same Code, replaced by the law of July 14, 1976, "Justice of the peace" shall be replaced by the words "family court".
S. 24A article 215 of the Code, replaced by the law of July 14, 1976 and amended by the Act of February 20, 1991, the following changes are made: 1 ° in the § 1, paragraph 3, the words "trial and in an emergency, by the president of the tribunal" shall be replaced by the words 'the family'.
2 ° in § 2, paragraph 3, the words "Justice of peace" are replaced by the words "family court".
S.
25. in article 216, § 1, paragraph 2, and § 2, paragraph 2, of the same Code, replaced by the law of July 14, 1976, the words "trial and in an emergency, to the president of the tribunal ' are replaced each time by 'the family'.
S. 26. in article 220 of the Code, replaced by the law of July 14, 1976 and amended by the laws of May 9, 2007 and March 17, 2013, the following changes are made: 1 ° in §§ 1 and 2, the words "trial" are each time replaced by "family";
2 ° in § 3, the words "Justice of peace" are replaced by the words "family court".
S.
27A article 221 of the same Code, replaced by the law of July 14, 1976, the following changes are made: 1 ° in paragraph 2, the words "without any need to prove misconduct and" shall be inserted between the words "may the other spouse" and the words "without prejudice to the rights of third parties";
2 ° in paragraph 2, the words "Justice of peace" are replaced by the words "family court";
3 ° a paragraph, worded as follows, shall be inserted between paragraphs 2 and 3: "under no circumstances are delegation is granted to the recognized spouse guilty of an omission referred to in articles 375, 398 at 400, 402, 403, 405 of the penal Code, committed against the person of the defendant, or an attempt to commit an omission referred to in articles 375, 393" 394 or 397 of the Code against the same person. ";
4 ° Article 6 is repealed.
S. 28. article 223 of the same Code, replaced by the law of July 14, 1976 and amended by the Act of 28 January 2003, is replaced by the following: 'article 223. If one of the spouses fails seriously in its duties, the family court ordered, at the request of the spouse, the urgent measures in accordance with articles 1253ter/5 and 1253ter/6 of the Judicial Code.
It is the same at the request of one of the spouses, if the agreement between them is seriously disturbed. "."
S.
29. in article 301, § 2, paragraph 1, of the same Code, replaced by the law of 27 April 2007, the words "family" are inserted between the words "the Court" and the words "may, in the judgment pronouncing the divorce".
S. 30. in article 302 of the Code, replaced by the law of 13 April 1995 and amended by the law of 27 April 2007, "President ruling in chambers" shall be replaced by the words "acting family court".
S. 31. at article 316bis of the Code, inserted by the law of July 1, 2006 and amended by the law of April 27, 2007, the following changes are made: 1 ° in 1 °, the word "judge" shall be replaced by the words "family court" and the words "after the order of the president, sitting in Chambers' are replaced by the words"after an order made pursuant to article 1280 of the Judicial Code";
2 ° in 3 °, the words "the Justice of the peace" are repealed.
S. 32. in article 318 of the Penal Code, replaced by the law of July 1, 2006, the following changes are made: 1 ° in the § 1, the words "the Court of the family" are inserted between the words "may be disputed" and the words "by the mother, the child";
2 ° in § 5, the words "of the family" shall be inserted between the words "The Court" and the words "verifies that the conditions".
S.
33. in article 322, paragraph 1, of the same Code, replaced by the law of July 1, 2006, the words "delivered by the family court" are inserted between the words "by a judgment 'and the words', the conditions laid down in article 332quinquies".
S. 34. in article 329bis, § 3, paragraph 3, of the same Code, inserted by the law of July 1, 2006, the words "query joint or contradictory," shall be inserted between the words "by citation", and the words "of the domicile of the child" are replaced by the words "the competent family".
S. 35. in article 330 of the Code replaced by Act of July 1, 2006, the following changes are made: 1 ° in the § 1, paragraph 1, the words "the Court of the family" are inserted between the words "may be challenged" and the words "by the father, the child, the author", and the words "the Court of the family" are inserted between

the words "may be challenged" and the words "by the mother, the child, the author";
2 ° in § 3, the word "Court" is replaced by the word "judge".
S. 36. in article 331 of the Code replaced by Act of 31 March 1987, the following changes are made: 1 ° the § 1 is repealed;
2 ° in § 2, the words "first instance" shall be replaced by the words 'the family'.
S. 37. in article 331septies of the Code, replaced by the Act of 31 March 1987, the word "courts" is replaced by the words "family courts".
S.
38. in article 331decies, paragraph 2, of the same Code, replaced by the Act of 31 March 1987, the word "Court" is replaced by the words "family court".
S. 39A article 338 of the Code, replaced by the Act of March 31, 1987 and amended by the Act of June 2, 2010, the following changes are made: 1 ° in the § 1, paragraph 1, the words "president of the tribunal" shall be replaced by the words "family court";
2 ° in the § 1, paragraph 2, the word "President" is replaced by the word "tribunal";
3 ° in the § 2, paragraph (2) is repealed.
S. 40. in article 346-2, paragraph 1, of the same Code, inserted by the Act of 24 April 2003 and amended by the laws of 27 December 2004 and June 20, 2012, the word 'Youth' is every time replaced by the word "family".
S. 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 March 17, 2013, the word "Court" is replaced by the words "family court".
S. 42. in article 348-2 of the same Code, inserted by the Act of 24 April 2003 and amended by the laws of May 9, 2007 and March 17, 2013, the word "family" shall be inserted between the words "the Court" and the words "called to adjudicate".
S.
43. in article 348-4, paragraph 2, of the same Code, inserted by the Act of 24 April 2003, the words "of the family" are inserted between the words "by the Court" and the words "before whom consent".
S.
44. in article 348-8, paragraph 1, 1 °, of the same Code, inserted by the law of April 24, 2003, "in the family" is inserted between the words "the Court" and the words "seized of the request".

S. 45. in article 348-10, paragraph 1, 1 °, of the same Code, inserted by the law of April 24, 2003, "in the family" is inserted between the words "the Court" and the words "seized of the request".
S. 46. in article 348-11, paragraph 1, of the same Code, inserted by the Act of 24 April 2003, the words "family" are inserted between the words "the Court" and the words "that this refusal is abusive".
S. 47. in article 351, paragraph 3, of the same Code, replaced by the law of April 24, 2003, the words "family" are inserted between the words "the Court" and the words "declares that this adoption".
S. 48. in article 353-5, paragraph 2, of the same Code, inserted by the law of April 24, 2003, "in the family" is inserted between the words "the Court" and the words "Decides in the interest".
S. 49. in article 353-6, paragraph 2, of the same Code, inserted by the law of April 24, 2003, "in the family" is inserted between the words "the Court" and the words "called to adjudicate".
S. 50. in article 353-10 of the same Code, inserted by the Act of 24 April 2003, the word 'Youth' is replaced by the word "family".
S. 51. in article 354-1, paragraph 2, of the same Code, inserted by the law of April 24, 2003, "in the family" is inserted between the words "the Court" and the words "may not pronounce the revocation".
S. 52. in article 354-2, paragraph 2, of the same Code, inserted by the Act of 24 April 2003, the word 'Youth' is every time replaced by the word "family".
S. 53. in article 361-1, paragraph 2, of the same Code, inserted by the Act of 24 April 2003 and amended by laws of December 30, 2009 and June 20, 2012, the word 'Youth' is replaced by the word "family".
S. 54. in article 361-2 of the Code inserted by the Act of 24 April 2003 and amended by the law of December 30, 2009, the words "of the juvenile court" are replaced by the words "of the Court of first instance".
S. 55. in article 362-2 of the same Code, inserted by the Act of 24 April 2003 and amended by the Act of 27 December 2004, the word 'Youth' is replaced by the word "family".
S. 56. in article 363-3, paragraph 1, of the same Code, inserted by the Act of 24 April 2003, the word 'Youth' is replaced by the word "family".
S.
57. in article 367-3 of the same Code inserted by the law of 27 December 2004, the following changes are made: 1 ° in the § 1, paragraph 1, "first instance" shall be replaced by the words 'the family'.
2 ° in the § 1, paragraph 3 is supplemented by the words "of the family";
3 ° in the § 2, paragraph 5, the words "Court which ruled on the application" shall be replaced by the words "tribunal de première instance de Bruxelles".
S. 58. in article 373, paragraph 3, of the same Code, replaced by the law of 13 April 1995, the word 'Youth' is replaced by the word "family".
S. 59A article 374 of the Code, restored by Act of 31 March 1987, replaced by the law of 13 April 1995 and amended by the Act of 18 July 2006, the following changes are made: 1 ° in the § 1, paragraph 4, the word 'Youth' is replaced by the word "family";
2 ° in the § 2, paragraph 1, the words "family" are inserted between the words "that they seize the tribunal" and the words "of their dispute,";
3 ° in the § 1, paragraph 2, the word "judge" is replaced by "family court".
S. 60. in article 375b, paragraph 2, of the same Code, inserted by the Act of 13 April 1995, the word 'Youth' is replaced by the word "family".
S.
61. in article 376, paragraph 4, of the same Code, restored by the Act of 31 March 1987 and replaced by the law of 13 April 1995, the word 'Youth' is replaced by the word "family".
S. 62. in article 378, § 1, of the same Code, as amended by laws of 29 April 2001 and 13 February 2003, paragraph 2 is replaced by the following: "the territorial jurisdiction of the Justice of the peace is set in accordance with article 629quater of the Judicial Code. Absence of domicile or habitual residence of the minor, the competent judge of peace is: - the last common domicile in Belgium of the father and mother or, if appropriate, the last domicile in Belgium of the parent exercising parental authority alone, and failing - that of the last joint of the father and mother residence in Belgium or, failing that the last residence in Belgium from that exercise only parental authority. "."
S. 63. in article 379, paragraph 3, of the same Code, restored by the law of March 31, 1987 and amended by the Act of 13 February 2003, the words "the Court" shall be replaced by the words "the Court of the family".
S. 64. article 387bis of the Code, inserted by the Act of 13 April 1995 and amended by the law of July 18, 2006, is replaced by the following: 'article 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 Procurator, order or modify any provision relating to the parental authority in the interest of the child, in accordance with articles 1253ter/5 and 1253ter/6 of the Judicial Code. "."
S. 65. in article 387ter of the Code inserted by the law of July 18, 2006, the following changes are made: 1 ° in the § 1, paragraph 1 is replaced by the following: "When a parent refuses to execute judicial decisions relating to the accommodation of children or the right to personal relations, the cause may be brought before the Court of the family already.";
2 ° to the § 1, paragraph 3 is repealed;
3 ° in § 2, the words "the family" are inserted between the words "the Court" and the words 'is seized'.
S.
66. in article 389 of the Penal Code, replaced by the laws of April 29, 2001 and March 17, 2013, paragraph 2 is replaced by the following: "unless it results from an explicit decision taken under article 492/1, an alleged lack or non-declared, this impossibility is ascertained by the family court in accordance with article 1236bis of the Judicial Code.".
S.
67. in article 475ter of the Code, inserted by the law of March 21, 1969, renumbered by Act of 31 March 1987, and amended by the law of April 29, 2001, the following changes are made: 1 ° in the paragraphs 2 and 3, the word 'Youth' is every time replaced by the word "family";
2 ° in paragraph 3, the last sentence is replaced by the following: "the Prosecutor is understood or makes a written notice.".
S. 68. in article 475quinquies, paragraphs 1 and 2, of the same Code, inserted by the Act of March 21, 1969 and renumbered by Act of 31 March 1987, the word 'Youth' is every time replaced by the word "family".
S. 69. in article 475sexies, paragraphs 1 and 2, of the same Code, inserted by the Act of March 21, 1969, renumbered by Act of 31 March 1987, and replaced by the law of April 29, 2001, the word 'Youth' is every time replaced by the word "family".
S. 70. in article 477, paragraphs 1 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 'Youth' is every time replaced by the word "family".
S. 71. in article 478, paragraph 2, of the same Code, replaced by the law of April 29, 2001, the word 'Youth' is every time replaced by the word "family".
S.
72. in article 479, paragraph 1, of the same Code, replaced by the law of April 29, 2001, the word 'Youth' is replaced by the word "family".
S. 73. in article 480, paragraphs 1 and 2, of the same Code, replaced by the law of 10 March 1975, the word 'Youth' is every time replaced by the word "family".
S. 74. in article 745quater, § 2, paragraph 3, of the same Code, inserted

by the Act of 14 May 1981, the words "family" shall be inserted between the words "The Court" and the words "can refuse conversion".
S. 75. in article 745sexies, § 2, paragraph 1, of the same Code, inserted by the law of 14 May 1981, the words "of the family" are inserted between the words "the tribunal", and the words 'is seized by query'.
S. 76. in section 770 of the same Code, as amended by the laws of December 15, 1949 and may 14, 1981, "first instance" shall be replaced by the words 'the family'.
S. 77. in section 798 of the same Code, the words "the family" are inserted between the words "the Court" and the words 'seized the challenge'.
S. 78. in article 803bis of the Code inserted by the Act of 10 October 1967, the words "president of the tribunal" shall be replaced by the words "family court".
S. 79. in article 813, paragraph 1, of the same Code replaced by Act of 10 October 1967, "first instance" shall be replaced by the words 'the family, in accordance with article 1228 of the Judicial Code'.
S. 80. in article 826, paragraph 2, of the same Code, as amended by the Act of 10 October 1967, "in the family" is inserted between the words "unless otherwise decided by the tribunal" and the words ", undivided property are affected".
S.
81. in article 858bis, paragraph 1, the same Code, inserted by the law of 14 May 1981, the words "Justice of the peace" seized on request or by the Court shall be replaced by the words "family court".
S. 82. in section 936, paragraph 2, of the same Code, replaced by the law of 29 April 2001, the words "president of the Court of first instance" shall be replaced by the words "Justice of the peace".
S. 83. in article 985 of the same Code, "in case of fever or other contagious disease" shall be replaced by the words "because of a contagious disease".
S. 84. in article 991 of the same Code, amended by the law of December 15, 1949, the words "the justice of the peace" are replaced by the words "of the Court of first instance".
S. 85. in article 992 of the same Code, amended by the law of December 15, 1949, the words "maritime Commissioner" shall be replaced by the words "of the officer responsible for the control of navigation".
S. 86. in article 993 of the same Code, amended by the law of December 15, 1949, the words "maritime Commissioner" shall be replaced by the words "of the officer responsible for the control of navigation".
S. 87. in article 1008 of the same Code, replaced by the Act of 2 February 1983, the words "president of the Court of first instance" shall be replaced by the words "family court".
S. 88. in section 1095 of the same Code replaced by Act of 19 January 1990, the word 'Youth' is replaced by the word "family".
S.
89. in article 1309 of the same Code replaced by Act of 19 January 1990, the word 'Youth' is replaced by the word "family".
S. 90. in article 1397, paragraph 2, of the same Code, replaced by the law of July 14, 1976 and amended by the Act of 19 January 1990, the word 'Youth' is replaced by the word "family".
S. 91. in article 1420 of the same Code replaced by Act of July 14, 1976, "first instance" shall be replaced by the words 'the family'.
S. 92. in article 1421 of the same Code, replaced by the law of July 14, 1976, the following changes are made: 1 ° in paragraph 1, the words "Justice of the peace" are replaced by the words "family court";
2 ° in paragraph 2, the words "Justice of the peace" shall be replaced by the word "tribunal".
S.
93. in article 1422, paragraph 1, of the same Code, replaced by the law of July 14, 1976, "first instance" shall be replaced by the words 'the family'.
S. 94. in article 1426, § 1, paragraph 2, of the same Code, replaced by the law of July 14, 1976, the words "the family" are inserted between the words "The Court" and the words "may entrust the management".
S.
95. in article 1442, paragraph 1, of the same Code, replaced by the law of July 14, 1976, the words "of the family" are inserted between the words "with the leave of the Court" and the words ", collect, when sharing".
S. 96. article 1443 of the Code, replaced by the law of July 14, 1976, is supplemented by the words "the family".
S. 97. in article 1447, paragraph 1, of the same Code, replaced by the law of July 14, 1976, "in the family" is inserted between the words "apply to the Court" and the words "to apply".
S.
98. in article 1469, paragraph 2, of the same Code, replaced by the law of July 14, 1976, the word "Court" is replaced by the words "family court".
S. 99. article 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: 'article 1479. If the agreement between legal cohabitants are seriously strained, the family court shall, 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 shall set the period of validity of the measures ordered. In any event, these measures cease to have effect on the day of termination of the cohabitation lawful, as provided for in article 1476, § 2, paragraph 6, except if these measures concern the common children of the legal cohabitants.
After the cessation of the legal cohabitation, and provided that the request was introduced within three months of the termination, the court orders urgent and provisional measures justified by this cessation. It fixes the period of validity of the measures ordered. This period of validity may not exceed one year unless these measures concern the common children of the legal cohabitants.
The tribunal ordered these measures in accordance with articles 1253ter to 1253octies of the Judicial Code. "."
S. 100. in article 1595, paragraph 1, 4 °, of the same Code, replaced by the law of July 14, 1976, the words "family" are inserted between the words "with leave of the Court" and the words ", the share of spouse".
CHAPTER 3. -Changes of Code judiciary art. 101. in article 58bis, 4 °, of the Judicial Code, inserted by the law of December 22, 1998, and as last amended by the Act of 13 June 2006, "judge in youth court" shall be replaced by the words "judge at the Court of the family and youth" and the words "judge of appeal for the youth" are replaced by the words "judge of appeal of the family and youth".
S. 102. article 76 of the Code, as last amended by the law of December 3, 2006, is replaced by the following: 'article
76. § 1. The Court of first instance includes one or more civil chambers, one or more correctional rooms, one or more family rooms, one or more rooms youth, one or more rooms of amicable settlement, and for the Court of first instance of the seat of the Court of appeal, one or more chambers of enforcement penalties.
These rooms comprise four sections respectively referred to as civil court, Correctional Court, family and youth court and tribunal of the enforcement of sentences.
The Court family and youth consists of the rooms of the family, constituting the Court family, the rooms of the youth, constituting the youth court, and the rooms of amicable settlement.
§ 2. One or more rooms of the Criminal Court are given including jurisdiction with respect to the procedures and immediate appearance notice by minutes.
A criminal chamber at least knows in particular of offences to the laws and regulations relating to one of the subjects which fall within the competence of the courts work and, in the case of contests or connectedness, offences cited with one or several offences which are not within the competence of the labour courts.
§ 3. One or more rooms specific to the youth court, referred to as chambers of divestiture, are given jurisdiction to try persons subject to a decision of divestiture pursuant to the youth protection act of 8 April 1965, support for minors who have committed an act classified as offence and the repair of the damage caused by this fact as part of an offence or crime triable.
§ 4. The enforcement of sentences can sit in any Court of first instance located within the jurisdiction of the Court of appeal, as well as prisons. "."
S. 103. in article 78 of the Code, as last amended by the law of December 3, 2006, the following changes are made: 1 ° in paragraphs 4 and 5, "76, paragraph 6" are each time replaced by the words "76, § 2, paragraph 2".
2 ° in paragraph 2, the words "Youth Court" shall be replaced by the words "Court family and youth";
3 ° article is supplemented by a paragraph worded as follows: "each House of amicable settlement is composed of a single judge who received the specialized training Institute of judicial training.".
S. 104. in article 79 of the Code, as last amended by the law of May 17, 2006, the following changes are made: 1 ° in the paragraph 1, the words "Youth Court" shall be replaced by the words "Court family and youth";
2 ° paragraph 6 is replaced by the following: "the judges in the Court of the family and the youth can sit in the civil chambers of the Court of first instance. However, the judge who sits in the House of settlement can never

sit for the records which he is aware, in the other rooms of the Court family and youth. Except when it comes to the approval of an agreement or a record of conciliation, the decision made by a judge having previously known case while he sat in a room of amicable settlement, is zero. ";
3 ° in paragraph 7, the word 'Youth' is replaced each time by "family and youth";
4 ° paragraph 8 is replaced by the following: "the oldest vice-president of the Court of first instance sitting the Court family and youth or, Alternatively, the licensee designated in accordance with the procedure laid down in article 259quinquies, § 1, 1 °, the direction of the Court family and youth and assumes the distribution of the service.".
S. 105. in article 80 of the same Code, as last amended by the Act of December 18, 2006, the following changes are made: 1 ° 1st paragraph is replaced by the following: "in case of an investigating judge, a judge of seizures or a judge at the Court of the family and youth, the president shall judge effective to replace. The judge at the Court of the family and youth prevented is replaced by priority by another judge at the Court of the family and youth. ";
2 ° in paragraph 2, the word 'Youth' shall be replaced by the words "family and youth";
3 ° in paragraph 3, the words "youth" are each time replaced by the words "the Court family and youth";
4 ° in paragraph 3, the words "More" are replaced by the words "In addition";
5 ° in paragraph 4, the word 'Youth' shall be replaced by the words "family and youth".
S. 106. in article 88, § 1, paragraph 1, of the same Code, replaced by the law of December 3, 2006, "76, paragraph 6" shall be replaced by the words "76, § 2, paragraph 2".
S. 107. article 90 of the same Code, replaced by the Act of April 25, 2007, is supplemented by a paragraph as follows: "for the apportionment cases between family rooms and chambers of the tribunal of the family and youth youth, the president shall, as far as possible that: 1 ° the Chamber of the Court of the family having formerly known the cause is before it;"
2 ° a judge having known a civil cause referred to in article 725bis for a minor child may know of a case referred by the law of 8 April 1965 on the protection of youth, support of minors who have committed an act classified as offence and the repair of the damage caused by this fact. "."
S.
108. article 95 of the Code is supplemented by the following sentence: "Without prejudice to article 584, paragraph 2, of the family court shall hold a hearing at which Chambers for materials which are the jurisdiction of this tribunal are worn.".
S. 109. in article 99bis of the Code inserted by the law of December 3, 2006, "article 76, paragraph 6" shall be replaced by the words "article 76, § 2, paragraph 2".
S. 110. article 101 of the Code is replaced by the following: 'article 101 § 1. There in the Court of appeal of the civil chambers, correctional rooms, rooms family rooms youth and the rooms of amicable settlement.
A criminal chamber at least knows appeals against judgements in matters referred to in article 76, § 2, paragraph 2.
Among the rooms of the youth, a room at least was awarded jurisdiction with respect to the prosecution of individuals following a divestment decision pursuant to act of 8 April 1965 on the protection of youth, support of minors who have committed an act classified as offence and repair of the damage caused by this fact as part of an offence or a crime triable.
§ 2. The Court of Appeal consists of a first president, presidents of Chambers, and advisers to the Court of appeal.
The Chambers of the Court of appeal sit either three advisers to the Court, including the president, or number of a single member, President of Chamber or adviser to the Court.
The specialized correctional Chamber, referred to the § 1, paragraph 2, is composed of two advisers to the Court of appeal, including the Chairman, and an adviser to the Labour Court.
So that the boards of youth referred to the § 1, paragraph 3, are validly constituted, two at least of their members shall have completed the training organised in the framework of the continuous training of judges referred to in article 259sexies, § 1, 1 °, paragraph 3, required for the exercise of the function of judge at the Court of the family and youth.
The specialized Chamber of the amicable settlement be validly constituted, the Member of the court designated for this room must have completed special training whose content is determined by the judicial training Institute.
If justified by the operational requirements of the service, the first president of the Court of appeal may, on an exceptional basis, and after obtaining the opinion of the Crown Procurator, designate an effective magistrate to perform the above functions for a term of one year at most, even if he did not follow the special training. "."
S.
111. in article 106, paragraph 1, of the same Code, as amended by the law of 9 July 1997 and 22 December 1998, "article 101, paragraph 3" shall be replaced by the words "article 101 § 1, paragraph 2".
S. 112. article 109a, § 1, of the same Code, inserted by the law of July 19, 1985, is complemented by a 4 °, as follows: "4 ° the amicable settlement.".
S. 113. in article 113ter of the Code inserted by the law of December 3, 2006, the words "article 101, paragraph 3" are replaced by the words "article 101 § 1, paragraph 2".
S. 114. in article 138 of the Code, replaced by the law of December 3, 2006, paragraph 5 is supplemented by the following sentence: "the designated judge shall have completed the training referred to in article 143, § 2/1, or article 151, paragraph 2, as the case may be.".
S. 115. in article 138bis of the Code inserted by the law of December 3, 2006 and amended by the Act of June 6, 2010, it is inserted a § 1/1 as follows: "§ 1/1." The family court decides after hearing the Crown in its notice or requisitions on: 1 ° requests relating to minors;
2 ° all materials where law requires its intervention. '. "
S. 116. in article 143 of the Penal Code, amended by law of June 21, 2001 and April 12, 2004, inserted § 2/1 as follows: "§ 2/1. The functions of the Crown near the family and youth rooms are exercised by one or several general prosecutors having followed the specialized training organized by the Institute of judicial training referred to in article 259sexies, § 1, 2 °, paragraph 2, and designated by the Attorney general.
In exceptional circumstances and for the proper administration of justice, the Attorney general may, by reasoned decision, appoint a magistrate untrained indeterminate. "."
S. 117. in article 151 of the Code as last amended by the Act of 17 May 2006, two paragraphs worded as follows shall be inserted between paragraphs 1 and 2: "the functions of the public Ministry of family and youth court are exercised by one or several prosecutors who received the specialized training organized by the Institute of judicial training referred to in article 259sexies , § 1, 1 °, paragraph 3, and designated by the Prosecutor of the King.
In exceptional circumstances and for the proper administration of justice, King's attorney may, by reasoned decision, appoint a magistrate untrained indeterminate. "."
S.
118. in article 194 of the Code replaced by Act of 18 July 1991 and amended by the acts of 1 December 1994, 22 December 1998 and 21 February 2010, it is inserted § 4/1 as follows: "§ 4/1. In case of publication of a vacancy with the Prosecutor's office of the Prosecutor of the King or the auditor of the work, the Minister of Justice may indicate that the vacant place is allocated to a candidate who has specialized knowledge by his or her experience. These titles and experiences are examined by the commission appointment and designation referred to in article 259a-8. '. "
S. 119. article 209, § 2, of the same Code, replaced by the law of December 22, 1998, is supplemented by a paragraph as follows: "in case of publication of a vacancy, the Minister of Justice may indicate that the vacant place is allocated to a candidate who has specialized knowledge by his or her experience. These titles and experiences are examined by the commission appointment and designation referred to in article 259a-8. '. "
S.
120. in article 210, paragraph 2, of the same Code, replaced by the law of December 22, 1998, the word 'Youth' is replaced by the words "family and youth".
S. 121. in article 259sexies of the Code inserted by the law of December 22, 1998, and as last amended by the Act of 31 January 2007, the following changes are made: 1 ° in the § 1, 1 °, paragraphs 1 and 3, the words "youth" are each time replaced by the words "to the Court family and youth";
2 ° in the § 1, 1 °, paragraph 4, the words "or of the family and youth court judge" shall be inserted between the words "investigating judge" and the words ", it is necessary to have exercised";
3 ° in the § 1, 2 °, the word 'Youth' is replaced each time by "family and youth".
S.

122. in article 341, § 1, paragraph 1, 2 °, of the same Code, as amended by the law of December 3, 2006, "article 101, paragraph 4" shall be replaced by the words "article 101, § 2, paragraph 2".
S. 123. in article 357, § 1, 2 °, of the same Code, replaced by the law of 29 April 1999 and amended by the royal decree of July 13, 2001, the words "Youth for the duration of their function in that capacity" are replaced by the words "the Court family and youth for the duration of their function within the rooms of the youth".
S. 124. in article 373, paragraph 1, 1 °, of the same Code, replaced by the Act of April 25, 2007, the words "youth" are replaced by the words "the Court family and youth referred to the juvenile court".
S. 125. article 565, paragraph 2, of the same Code, as amended by the Act of 11 July 1994, is replaced by the following: "the reference takes place in order of preference below: 1 ° the family court referred to the § 1 article 629bis is always preferred;"
(2) the Justice of the peace under section 594 is always prefered;
3 ° the Court which ruled on the case other than a domestic provision is always preferred;
4 ° the Court of first instance is preferred to other courts;
5 ° the Labour Court is preferred to the commercial court;
6 ° the Labour Court and the tribunal de commerce are preferred to the Justice of the peace;
7 ° the Justice of the peace is preferred to the tribunal de police;
8 ° the court first seised is preferred to one who subsequently seized. "."
S. 126. in article 566, paragraph 1, of the Code, the words "2 ° to 5 ° of article 565' are replaced by the words"in article 565, paragraph 2, 1 ° and 2 ° and 4 ° to 8 °".
S. 127. in article 569 of the Penal Code, as amended by laws of March 1, 2000 and February 13, 2003, the following changes are made: 1 1 °, 1 ° 1 °, 2 ° and 4 ° are repealed;
2 ° in 12 °, the words "the 1188 to 1193 articles" are replaced by the words "article 1190 matter";
3 ° the 33 °, inserted by the Act of March 1, 2000, is repealed.
S. 128. in the same Code, it is inserted an article 572bis as follows: "article 572bis. without prejudice to the special powers to the judge of peace and the special laws, the family court knows: 1 ° of applications relating to the status of persons;
2 ° claims for annulment of the legal cohabitation, without prejudice to the competence assigned to the Criminal Court by article 391octies of the penal Code and article 79quater of the law of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners;
3 ° of spouses and cohabiting applications relating to the exercise of their rights or their property as well as of the provisional measures relating thereto;
4 ° claims for parental authority, hosting or personal relationships with respect to minor children rights;
5 ° of the findings of the impossibility sustainable exercise parental authority referred to in article 389 of the civil Code;
6 ° of the applications referred to in articles 1322bis and 1322decies;
7 ° of applications relating to maintenance obligations, with the exception of those related to the right to social integration income;
8 ° of disputes relating to the determination of the beneficiary (s) of the family allowance for children whose parents living apart, and queries in opposition to the payment to the beneficiary;
9 ° of applications relating to the matrimonial property regime, estates, gifts inter vivos or wills;
10 ° of applications sharing;
11 ° of applications relating to the temporary prohibition of residence covered by the law of May 15, 2012 on the temporary prohibition of residence in the event of violence domestic;
12 ° of the opposition by the holder of parental authority in the exercise of the rights of the non-emancipe minor child to the withdrawal of the amounts entered in the passbook or savings of the latter book;
13 ° the claims pursuant to article 220, § 3, of the civil Code;
14 ° of the opposition made by the father, the mother, adopting guardian informal payment to the beneficiary of family benefits as provided for in article 69, § 3, coordinated laws on family allowances for employed persons, except in the case where the youth court was seized on the basis of article 29 of the Act of 8 April 1965 on the protection of the youth support for minors who have committed an act classified as infringement and compensation for the damage caused by this Act except the cases where the Justice of the peace has jurisdiction under article 594, 8 °;
15 ° of the opposition to the payment to the beneficiary of family benefits for self-employed, except in the case where the youth court was seized on the basis of article 29 of the Act of 8 April 1965 on the protection of youth, support of minors who have committed an act classified as offence and compensation for the damage caused by this fact and apart from the case where the Justice of the peace has jurisdiction in under article 594, 9 °. ".
S. 129. in article 584 of the Code, as amended by the law of 10 May 2007, the following changes are made: 1 ° a paragraph worded as follows is inserted between paragraphs 1 and 2: 'If the case is the jurisdiction of the family court, the president is entered only in cases of absolute necessity.';
2 ° in paragraph 4 became paragraph 5, 1 is repealed.
S.
130. in article 585 of the Code, amended by the law of March 27, 2001, 2 ° and 9 ° shall be repealed.
S.
131. in article 587, paragraph 1, of the same Code, replaced by the law of 3 April 1997 and amended by the law of 10 May 2007, the 1 °, 9 ° and 15 ° are repealed.
S.
132. in article 590 of the same Code, as last amended by the royal decree of 20 July 2000, the following changes are made: 1 ° in the paragraph 1, the amount of "1,860 euros" is replaced by the amount of "2,500 euros" and the words "572bis", shall be inserted between the words "569 at 571", and the words "574 and 578";
2 ° article is supplemented by four paragraphs worded as follows: "the King may adjust the amount referred to in paragraph 1, provided that the adapted amount exceed the amount of indexing defined below.
In the event of adjustment of the amount referred to in paragraph 1, the appropriate amount is published in the Moniteur belge no later than in the month of November. The new amount comes into force on 1 January of the year following that of his adaptation and is not applicable to applications submitted before that date.
Each increase or decrease in the index results in an increase or a decrease of the amount of indexing, in accordance with the following formula: the new amount of indexing is equal to the basic amount multiplied by the new index and divided by the starting index. The result is rounded to the higher euro.
The amount of indexing is calculated taking into account the price index for the consumption of the month of October of each year. The starting index is that of October 2013 '. "
S. 133. in article 591 of the Code, the following changes are made: 1 ° 7 °, amended by the Act of 31 March 1987, is replaced by the following: "7 ° of disputes referred to in the law of 20 July 1971 on funerals and burials;";
2 ° 14 °, amended by the law of August 29, 1988, is replaced by the following: "14 ° of maintenance obligations related to the right to social integration income;".
S. 134. in article 594 of the same Code, as last amended by the Act of March 17, 2013, the following changes are made: 1 ° 2 °, the words "where appropriate", shall be inserted before the words "on the opposition made by the legal representative";
2 ° in 8 °, the words "the father, the mother, the adoptive parent, the unofficial guardian" are repealed;
3 ° in 9 °, the words "in the case of a minor under guardianship" shall be inserted before the words "on opposition to the payment to the beneficiary";
4 ° it is inserted a 16 ° as follows 1: "16 ° 1 claims measure of judicial protection referred to in articles 1238 to 1252;";
5 ° it is inserted a 16 ° 2 as follows: "16 ° 2 on the applications related to the presumption referred to in articles 112 to 117 of the civil Code;";
6 ° ° 19 is replaced by the following: "19 ° on the requests for appointment of a trustee pursuant to section 936 of the civil Code;";
7 ° 22 ° is repealed.
S. 135. article 597 of the Code is supplemented by the words 'and for designation of receivers'.
S. 136. in article 617 of the same Code, as last amended by the royal decree of 20 July 2000, the following changes are made: 1 ° in the paragraph 1, the amount of "1,860 euros" is replaced by the amount of "2,500 euros" and "1,240 euros" is replaced by the amount of "1.860 EUR";
2 ° article is supplemented by the following paragraphs: "the King may adjust the amounts referred to in paragraph 1, although the adapted amounts cannot exceed the amount of indexing defined below.
In the case of adaptation amounts referred to in paragraph 1, the adapted amounts are published in the Moniteur belge no later than during the month of November. The new amounts shall enter into force on 1 January of the year following that of their adaptation and are not applicable to applications submitted before that date.
Each increase or decrease in the index results in an increase or a decrease of indexing amounts, in accordance with the following formula: the new amount of indexing is equal to the basic amount, multiplied

by the new index divided by the starting index. The result is rounded to the higher euro.
Indexing amounts are calculated taking into account the price index for the consumption of the month of October of each year. The starting index is that of October 2013 '. "
S. 137. article 626 of the Code is replaced by the following: 'article 626. claims for child support, with the exception of those provided for in article 572bis, 14 ° may be brought before the judge of the domicile of the applicant with the exception requests to reduce or remove these alimony. "."
S.
138. in article 627, 15 °, of the same Code, inserted by the law of June 15, 2012, "Justice of the peace of the canton" shall be replaced by the words "the Court of the judicial district family".
S.
139. in article 628 of the same Code, as last amended by the Act of March 17, 2013, the following changes are made: 1 ° 1 °, 2 ° and 18 ° are each time supplemented by the words ', without prejudice to article 629bis ";
2 ° to replace 23 ° by the following: "23 ° the judge of the last domicile in Belgium of the disappeared person, absent or presumed absent or, if it has never had a home in Belgium, Justice of the peace of the 1st canton of Brussels or the judge of the District of Brussels, as appropriate.".
S. 140. article 629 of the Code, replaced by the law of January 10, 1977, and amended by the law of 30 June 1994, is supplemented by a 7 ° as follows: "7 ° of claims under the Act of May 16, 1900 with modifications to the inheritance regime of small inheritances and claims under the succession plan of agricultural holdings Act of August 29, 1988 to promote continuity.".
S.
141. in the same Code, it is inserted an article 629bis, worded as follows: "article 629bis. § 1. Claims between parties who, either, are or have been married, is, are or have been legal cohabitants, as well as claims for children common to the parties or to the property of these children or relating to a child whose filiation is established only in respect of one of the parents, shall be brought in the family court which has already received a request in respect of matters referred to in article 572bis.
§ 2. Requests for parental authority, accommodation and food obligations in respect of a minor child shall be brought in the family court of the domicile of the minor or, failing that, of the habitual residence of the minor.
In the absence of domicile or habitual residence of the child, the family of Brussels Court is competent to hear the application.
In cases where parties have several common minor children whose homes or, Alternatively, habitual residences are different, the first family court is competent to hear by connectedness, under article 634, of all the requests made by the parties.
§ 3. The cases relating to acts of civil status, those referred to in articles 633sexies and 633septies, those relating to an adoption or relating to successions, wills and donations shall be brought in the competent family court according to this Code.

§ 4. With the exception of those provided for in § 2, claims for child support referred to in article 572bis, 13 °, may be brought in the Court of the domicile of the claimant family, with the exception requests aimed to reduce or remove these alimony.

§ 5. With the exception of those relating to §§ 1 to 4, claims shall be brought in the family court of the domicile of the defendant or of the place of the last conjugal residence.
§ 6. Subject of § 1, several applications of which at least one is referred to in § 2 causes the territorial jurisdiction of the Court of the domicile or habitual residence of the minor family.
§ 7. The family court decides to refer the case to the family of another district court if the interests of the child.
The family court may decide to refer the matter to the family of an another district court if a youth record there has been established, at the request of a party or the public prosecutor or the proper administration of justice order a reference.
The decision provided for in paragraphs 1 and 2 is motivated and is likely to appeal.

§ 8. Subject of § 1, the parties may, by mutual agreement, determine the family court which will be competent to deal with their family file. "."
S. 142. in the same Code, it is inserted an article 629ter, worded as follows: "article 629ter. the competent juvenile court is that referred to in article 44 of the Act of 8 April 1965 on the protection of youth, support of minors who have committed an act classified as offence and the repair of the damage caused by this fact. "."
S. 143. in the same Code, it is inserted an article 629quater, worded as follows: "article 629quater. in cases involving minors, the territorial jurisdiction of the Justice of the peace is determined by the domicile or, failing that, by the habitual residence of the minor. "."
S.
144. in article 630 of the Penal Code, the words ", 629bis" are inserted between the word "629" and the words "and earlier".
S. 145 A article 633sexies of the Code, inserted by the law of 10 May 2007, in the § 1 and § 2, paragraph 2, the words "the Court of first instance" are each time replaced by "family court".
S. 146. in article 633septies of the Code inserted by the law of 10 May 2007, "the Court of first instance" are each time replaced by the words "family court".
S. 147. in article 639, paragraph 2, of the same Code, as amended by the law of July 10, 2006, the words "with, where appropriate, the family file referred to in article 725bis which includes the record of the proceedings," shall be inserted between the word "procedure" and the words "president".
S. 148. in article 708, paragraph 1, of the same Code, as amended by the Act of 3 August 1992, the words "or the president of the tribunal" shall be replaced by the words "the president of the tribunal or the Court family and youth".
S.
149. article 722, paragraph 1, of the same Code is supplemented by the following sentence: "If the folder is included in a file referred to in article 725bis, it is transmitted together with the said folder.".
S. 150. in the same Code, it is inserted an article 725bis, worded as follows: "article
725bis. § 1. Without prejudice to the provisions of this chapter, applications submitted to the family court between parties who either have at least one common minor child, either are or have been married, either are or have been legal cohabitants are joined in a single folder called family.
Are also attached to the family file referred to in paragraph 1, the cases relating to a child whose filiation is established only in respect of a single parent, as well as cases relating to personal relationships referred to in article 375b of the civil Code.

§ 2. The family file is opened as soon as the first application to the family court.
Subject to the role numbers assigned to any issue under section 720, it is assigned a number specific to the family file. This number is mentioned on all documents instituting instance, conclusions and other parts of the file.
Subject to the elements referred to in article 721, the family file is composed of all successive cases involving the same parties and their common children born or unborn.
If there is a family court to another, in accordance with article 629bis, § 7, the full family file is transferred without delay. "."
S.
151. in article 731 of the same Code, as amended by the Act of February 21, 2005, the following changes are made: 1 ° a paragraph worded as follows is inserted between paragraphs 1 and 2: "in family matters, the business may also be submitted at the end of conciliation to the Chamber of the amicable resolution of the family court or appellate court family rooms.
Such may also be the case when the case is pending before another Chamber of the family, as the House of settlement should be able to hold a hearing at an earlier date. ";
2 ° article is supplemented by the following paragraphs: "in family matters, the family court must, at the hearing of introduction inform them of the possibility to resolve their dispute through conciliation, mediation, or any other mode of amicable dispute resolution.
At the request of the parties, or if the judge considers it appropriate, the folder is then returned to the House of the amicable resolution of the family court, on the basis of article 661 et seq..
Failing agreement, or in the event of partial agreement, the settlement House returns, on the basis of article 661 et seq., the record before the House of the family to which the dossier was submitted.
Throughout the proceeding, the parties or the judge have the possibility of seeking the dismissal of their case before the Board of amicable settlement.
Similarly, throughout the proceeding, if total or partial agreement reached, the minutes notes terms and shipping is coated in the enforceable formula, unless the parties require the application of article 1043.
Everything that is said or written hearings regulation settlement is confidential.
Both the parties that the judge-conciliator may, at any time, put an end to the procedure for amicable settlement. "."

S. 152. in article 747, § 3, paragraph 1, of the same Code, replaced by the Act of April 26, 2007, the words ", the family in urgent proceedings court" shall be inserted between the words "Court sitting as for interim measures" and the words "and the judge".
S. 153. in article 764, paragraph 1, 2 °, of the same Code, replaced by the law of 3 August 1992 and amended by laws of May 9, 2007 and March 17, 2013, the words "the presumption or" are repealed.
S. 154. article 765 of the same Code, replaced by the law of May 4, 1984, is replaced by the following: 'article 765. when deciding on applications for minors or persons protected under article 492/1 of the civil Code, even ex officio, Justice of the peace may require, on instruction of the cause, notice written Crown.
In this case, the complete record of the proceedings is forwarded by the Chief Clerk of the justice of the peace to the public prosecutor of the Court of first instance of the district in which is located the canton.
The opinion is rendered, within the deadline set by Justice of the peace, by the public prosecutor at the Court of the family and youth.
The file is then returned, accompanied by the opinion of the public prosecutor, to the Chief Clerk of the justice of the peace.
It notifies by missive letter to counsel parties, and by judicial fold to the parties without counsel, the opinion of the public prosecutor, informing them of what they have one month to submit submissions relating exclusively to the contents of this notice.
These conclusions are only taken into account insofar as they comply with the opinion of the Prosecutor's office.
The Chief Registrar sets the date and time of the hearing to which the case will be argued. "."
S.
155. article 872 of the same Code is replaced by the following: 'article 872. in the subjects referred to in chapter Xbis, the judge may require the public prosecutor when the case may be sent for an opinion, to collect information about the objects that limited it specifies.
The acts of this information are deposited at the registry, in the record of the proceedings. The parties are notified by the Registrar. "."
S. 156. article 931 of the same Code, as amended by the law of 30 June 1994, is replaced by the following: 'article 931. a minor of less than fifteen years of age is not heard under oath. His statements are collected as simple information.
Without prejudice to article 1004/1, the descendants are not heard in cases where their ancestors have conflicting interests. "."
S. 157. in part IV, book II, title III, Chapter VIII, of the same Code, there shall be inserted a section 7/1 entitled "The hearing of minors".
S. 158. in section 7/1, inserted by article 155 article be inserted a 1004/1 as follows: "article
1004/1. § 1. Every minor has the right to be heard by a judge in matters that concern relating to parental authority, the right to accommodation as well as the right to personal relations. It has the right to refuse to be heard.
§ 2. Minors of 12 years of age is understood at his request, at the request of the parties, of the Crown or ex officio by the judge.
By decision motivated by the circumstances of the case, the judge may refuse to hear a minor 12 years of age, except when the request is of the latter or the Crown. The refusal decision is not appealable.
§ 3. The minor who has reached the age of twelve is informed by the judge, where appropriate to the address of each of his parents, his right to be heard in accordance with article 1004/2. A reply form is attached to this information.

§ 4. If the minor has already heard during the procedure or in a previous proceeding, even to the extent of another court, the judge may not accede to the request if no new matter justifying the.
§ 5. Judge hears the minor in a place he considers as appropriate.
Unless the judge not to derogate from by a reasoned decision, maintenance takes place outside the presence of any person.
The report of the interview is attached to the record of the proceedings. He has recited according to the minor. The minor is informed that the parties will be able to take knowledge of the report. It it is actually reading.
The report is not signed by the minor. During the interview, the judge considers that the minor does not have the necessary discernment, he indicates in the report.
§ 6. The interview with the minor does not confer the status of party to the procedure.
The views of the child are taken into consideration taking into account his age and maturity. "."
S. 159. in the same section 7/1, it is inserted a section 1004/2 as follows: "article 1004/2. The King established the model of information to the minor form.
The right to be heard by the judge, the way whose maintenance takes place, and how to accept or reject the maintenance listed on the form. He also mentioned that maintenance report is attached to the record of the proceedings, that parties can become acquainted with and that the contents of this report can be used during the procedure.
The form also specifies that, when he hears the minor, the judge is not required to comply with the requests made by it.
The form is sent, where appropriate, the address of each parent. "."
S. 160. in article 1016bis of the Code inserted by the law of 20 May 1987 and amended by the law of 27 April 2007, the following changes are made: 1 ° in paragraph 2, the words "the president of the Court of first instance" shall be replaced by the words "to the family court";
2 ° in paragraph 4, the words "The president of the tribunal" shall be replaced by the words "The judge of the family court";
3 ° in paragraph 5, the words "president" are replaced by the words "the Court of the family";
4 ° in paragraph 7, the word "President" is replaced by the word "judge".
S. 161. in article 1156 of the same Code, "the president of the Court of first instance" shall be replaced by the words "Justice of the peace".
S. 162. in section 1189, paragraph 2, of the same Code, "first instance" shall be replaced by the words 'the family'.
S. 163. in article 1191 of the same Code replaced by Act of April 29, 2001, the words "the Court" are each time replaced by the words "family court".
S. 164. in article 1193bis of the Code, inserted by the Act of 18 February 1981, replaced by the law of 29 April 2001 and amended by the law of 3 May 2003, the following changes are made: 1 ° in the paragraph 1, the words "the Court of first instance" shall be replaced by the words "the Court of the family";
2 ° in paragraph 2, the words "the Justice of peace or the Court" are repealed;
3 ° in paragraph 4, the words "articles 1186, paragraph 2, 1187, paragraph 2, and 1188, paragraph 2" shall be replaced by the words "article 1187, paragraph 2".
S.
165. in section 1195, paragraph 2, of the same Code, "the president of the Court of first instance" shall be replaced by the words "the Court of the family".
S. 166. in section 1197 of the same Code, as amended by the laws of 29 April 2001, may 3, 2003, and March 17, 2013, the words "president of the Court of first instance" shall be replaced by the words "family court" and "488bis, f, §§ 3 and 4" shall be replaced by the words "499/7, § 2, and 499/9".
S.
167. in article 1198 of the same Code, amended by the law of 29 April 2001, the words "president of the Court of first instance" shall be replaced by the words "family court".
S. 168. in article 1199, paragraph 2, of the Code, the words "president of the Court of first instance" shall be replaced by the words "family court" and the "presidential" Word is replaced by the words "the Court".
S.
169. in article 1204bis of the Code inserted by the Act of 29 April 2001 and amended by the Act of March 17, 2013, "before the Justice of the peace" shall be replaced by the words ", as appropriate, before the family court or justice of the peace", "Justice" shall be replaced by the words "The judge" and the words "Justice of the peace" are replaced by the words "the judge".
S. 170. article 1207 of the same Code, as last amended by the law of July 13, 2011, is replaced by the following: 'article 1207. If all the co-owners agree not sharing settlement as well as in the cases referred to in article 1206, paragraph 6, sharing takes place judicially at the request of the most diligent party, formed before the family court. "."
S. 171 A article 1226 of the same Code, replaced by the Act of May 9, 2007, the following changes are made: 1 ° in the § 2, a paragraph worded as follows is inserted between paragraphs 1 and 2: "when the request is based on section 112 of the civil Code, the query and all duly inventoried parts are filed in duplicate at the justice of the peace. Filing, the Clerk shall notify a copy the Crown. ";
2 ° § 3 is supplemented by a paragraph worded as follows: "when the request is based on section 112 of the civil Code, the judge of peace statue, the Crown previously heard in its written or oral notice.".
S.
172. in article 1227, § 3, of the same Code, replaced by the Act of May 9, 2007, paragraph 2 is replaced by the following: "when the application is based on article 113 § 2, or 117, § 1, of the civil Code, the judge of peace statue, the Crown previously heard in his written notice or oral.".
S. 173. in article 1228, paragraph 1, of the same Code, as amended by the law of June 24, 1970, "first instance" shall be replaced by the words 'the family'.

S. 174. in section 1231-3, paragraph 1, of the same Code, inserted by the Act of 24 April 2003 and amended by the Act of 27 December 2004, "first instance" shall be replaced by the words 'the family'.
S. 175. in section 1231-6, paragraph 1, of the same Code, inserted by the Act of 24 April 2003 and amended by the law of 27 December 2004, the word 'Youth' is replaced by the word "family".
S. 176. article 1231-9 of the Code, inserted by the law of April 24, 2003, is supplemented by the words "the family".
S. 177. in section 1231-10 of the same Code, inserted by the Act of 24 April 2003 and amended by law of June 2, 2010 to March 17, 2013, the following changes are made: 1 ° in the paragraph 1, the word "Court" is every time replaced by "family court";
2 ° in the paragraph 1, 3 °, the word 'Youth' is replaced each time by the word 'family'.
S.
178. in section 1231-11, paragraph 1, of the same Code, inserted by the Act of 24 April 2003, the word 'Youth' is replaced by the word "family".
S. 179. in section 1231-13, paragraph 2, of the same Code, inserted by the law of April 24, 2003, "in the family" is inserted between the words "the Court" and the words "statue at the earliest".
S. 180. in section 1231-14, paragraph 1, of the same Code, inserted by the Act of 24 April 2003, the words "the adoptive parent or the adoptive parents may, before the adoption is issued, apply to the youth court, is:" are replaced by the words "when the adoption is for a minor child, the adoptive parent or the adoptive parents may, before the adoption is issued, apply to the family court , either: "."
S. 181. in section 1231-27, paragraph 1, of the same Code, inserted by the Act of 24 April 2003 and replaced by the law of December 6, 2005, the word 'Youth' is replaced by the word "family".
S. 182. in section 1231-30 (2), of the same Code, inserted by the Act of 24 April 2003 and amended by the Act of 27 December 2004, the words "the family" are inserted between the words "the Court" and the words "within months".
S. 183. in section 1231-33/1, paragraph 1, of the same Code, inserted by the law of December 30, 2009, the word 'Youth' is replaced by the word "family".
S. 184. in section 1231-33/4, 2 °, of the same Code, inserted by the law of December 30, 2009, the words "family" are inserted between the words "the Court" and the words "within 15 days".
S. 185. in section 1231-34, paragraph 1, of the same Code, inserted by the Act of 24 April 2003, the word 'Youth' is replaced by the word "family".
S. 186. in section 1231-36 (2), of the same Code, inserted by the Act of 24 April 2003 and amended by the Act of 27 December 2004, the words "the family" are inserted between the words "the Court" and the words "within months".
S. 187. in the introductory phrase of section 1231-41 of the same Code, inserted by the Act of 24 April 2003 and amended by the Act of 27 December 2004, the word 'Youth' is replaced by the word "family".
S. 188. article 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 the action".
S. 189. in section 1231-51 of the same Code, inserted by the law of April 24, 2003, the words "family" are inserted between the words "the Court" and the words "may decide it".
S. 190. in section 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 "Court of appeal" are replaced by the words "House of the family of the Court of appeal".
S.
191. in article 1233, § 1, 2 °, of the same Code, replaced by the law of April 29, 2001, 'article 931, paragraphs 6 and 7' shall be replaced by the words "article 1004/1, paragraphs 5 and 6".
S. 192. in article 1236bis, § 1, paragraph 1, of the same Code, inserted by the law of April 29, 2001, "first instance" shall be replaced by the words 'the family'.
S. 193. in part IV, book IV of the Code, the title of chapter Xbis, inserted by the law of July 14, 1976, is replaced by the following: "chapter Xbis. The requests relating to the rights and duties arising from family relationships".
S.
194. article 1253bis of the Code, repealed by the law of 3 August 1992, is restored in the following wording: "art. 1253bis. the family court takes into account all the useful elements that are contained in the family file referred to in article 725bis. "."
S. 195. in the same Code, it is inserted an article 1253ter/1 as follows: "article 1253ter/1. In all cases of the family court, as soon as an application is made, the Clerk shall inform the parties of the possibility of mediation, conciliation and any other mode of out-of-court conflict resolution by immediately sending the text of 1730 to 1737 accompanied by a brochure concerning mediation, drawn up by the Minister having Justice in his or her attributions , the list of approved mediators specialising in family matters established in the judicial district, as well as information concerning briefings, hotlines or other initiatives in the judicial district to promote amicable conflict resolution. "."
S.
196. in the same Code, it is inserted a section 1253ter/2 as follows: "article 1253ter/2.
In all the cases referred to in article 1253ter/4, § 2, 1 ° to 4 °, the parties are required to appear in person at the hearing of introduction.
By way of derogation from paragraph 1, parties are required, in all cases involving minor children, to appear in person at the hearing of introduction, as well as at the hearing where are discussed children's issues and hearings of oral argument.
In exceptional circumstances, the judge may permit a derogation from the personal appearance of the parties provided for in paragraphs 1 and 2.
If the applicant does not appear in person, the judge, according to the circumstances that it appreciates, said the plaintiff been deprived of its application, or returns the cause to the particular role of the Chamber. In the latter case, the cause may be reduced at the hearing within a period of fifteen days, at the request of one of the parties. If the defendant does not appear in person, the judge may, either make a default judgment, or put the issue to a later hearing. In the latter case, a new judicial fold is sent to the defendant. If the defendant does not appear at this hearing, the tribunal, except in exceptional circumstances, a judgment deemed contradictory.
In case agreement the parties written by a lawyer, a notary or a mediator approved on all requests in the originating process, the personal appearance of the parties is not required and the Court approved the agreement of the parties, insofar as it is not manifestly contrary to the best interests of the child. However, the judge may still order the personal appearance of the parties, either ex officio or at the request of the public prosecutor. "."
S. 197. in the same Code, it is inserted an article 1253ter/3 as follows: "article 1253ter/3. § 1. "If the parties in the cases referred to in article 1253ter/4, § 2, 1 ° to 4 °, are not reached an agreement, the judge hear their dispute.
Without prejudice to article 1253ter/2, the judge may, in any event, order the parties to appear in person, at the request of one of the parties or of the public prosecutor, or if it considers it useful, particularly to reconcile the parties and assess the appropriateness of an agreement. The judge may propose to the parties to consider whether a conciliation or mediation is possible.
If the applicant does not appear in person, the judge, according to the circumstances that it appreciates, said the plaintiff been deprived of its application, or returns the cause to the particular role of the Chamber. In the latter case, the cause may be reduced at the hearing within a period of fifteen days, at the request of one of the parties.
If the defendant does not appear in person, the judge may, either make a default judgment, or put the issue to a later hearing. In the latter case, a new judicial fold is sent to the defendant. If the defendant does not appear at this hearing, the tribunal, except in exceptional circumstances, a judgment deemed contradictory.
§ 2. Subject to the agreement of all the parties, the judge may deliver to a given date, not exceeding the period of three months laid down in article 1734, in order to enable the parties to consider whether agreements may be concluded or whether mediation can provide a solution, or refer the case, pursuant to article 76, § 4, the House of amicable settlement. The case can be taken earlier, upon written request of one of the parties.
§ 3. At any time, the parties may ask the judge to approve their agreements relating to the measures referred to in article 1253ter/4, § 2, 1 ° to 4 °. The judge may refuse to approve the agreement if it is manifestly contrary to the interests of the children. "."
S.
198 'art 1253ter/4. § 1. When the urgency is invoked, the family court statue refers.
In the absence of emergency, and except under section 1043, j. returns the cause to a regular hearing.
§ 2. Are deemed urgent and can be introduced by query contradictory, quote or joint, cases: 1 ° to residences separated;
2 ° to parental authority;
3 ° the right to accommodation and the right to personal relations with a minor child;
4 ° to maintenance obligations;
5 ° the international abduction of children;
6 ° marriage authorizations referred to in article

167 of the civil Code and legal cohabitation refusal referred to in article 1476quater, paragraph 5, of the civil Code;
7 ° to interim measures ordered on the basis of article 1253ter/5.
It is held according to the forms of the interim proceedings.
If the cause is introduced by citation, the time limit referred to in article 1035, paragraph 2, shall apply.
In other cases, the hearing of introduction takes place no later than within fifteen days after the filing at the registry.
If the causes referred to in paragraph 1 are introduced at the same time as other causes, the family court may decide to apply the procedure described in this article to these other applications. "."
S. 199. in the same Code, it is inserted a section 1253ter/5 as follows: "article 1253ter/5. In addition to those taken in accordance with articles 19, paragraph 2, and 735, § 2, the judge may, provisionally, the following measures: 1 ° order or modify any provision relating to parental authority, accommodation and the right to personal relations;
2 ° set, change or remove the alimony;
3 ° establish residences separated spouses and cohabiting;
4 ° prohibit a spouse, for the duration it fixes, to alienate, hypothecate or engage any movable property or real estate own or shared without the consent of the spouse; It may prohibit the movement of furniture or assign personal use to one of the two spouses;
5 ° require the spouse who has movable property to give bail or to provide sufficient economic solvency;
6 ° use the same powers as those attributed to him in article 221 of the civil Code;
7 ° fix the matrimonial home of the spouses in the event of disagreement;
8 ° any action taken on the basis of articles 1209 in 1212.
When the application is made by request, the hearing of introduction must intervene within fifteen days from the date of the filing of the application.
With regard to the fixing of separate residences referred to in paragraph 2, 3 °, if a husband or a cohabitant legal is guilty, against her husband, a fact referred to in article 375, 398 at 400, 402, 403, 405 of the penal Code or has attempted to commit an omission referred to in article 375, 393, 394 and 397 of the Code , or if there are serious indications of such behavior, the other spouse or cohabiting partner legal will be awarded, if he so requests, unless exceptional circumstances, the enjoyment of the conjugal residence or common.
Acts of disposition referred to in paragraph 2, 4 °, are the acts referred to in article 1 of the law of December 16, 1851, on the revision of the mortgage plan and article 8 of the law of February 10, 1908 on marine navigation and inland navigation.
In the case referred to in paragraph 2, 6 °, the judgment of the Court of the family can be opposed to all third-party debtors current or future on notice that they will be made by a bailiff at the request of one of the parties. Where judgment has ceased to produce its effects, third-party obligors shall be informed in the same way at the request of the most diligent party. "."
S.
200. in the same Code it is inserted an article 1253ter/6, as follows: "article 1253ter/6.
If an application relating to a minor is subject to him, the family court takes all diligence and makes carry out all useful investigation, taking into account the best interests of the child.
The Court may carry out all investigations useful to know the personality of the child, the medium where it is high, in order to determine its relevance and appropriate upbringing or its treatment.
It can be a social study through the competent social service and subjects the child to a medical and psychological examination when the dossier submitted appears insufficient.
When the tribunal makes a social study, it cannot, except in extreme emergencies, take or modify its decision only after having taken note of the opinion of the competent social service, unless this notice did not succeed him within the time limit specified and which cannot exceed seventy-five days.
The information is, in any case, communicated to the parties before the hearing.
The tribunal takes into account, where appropriate, the views expressed by the children in accordance with article 1004/1. "."
S. 201. in the same Code, it is inserted an article 1253ter/7 as follows: "article 1253ter/7. § 1.
By way of derogation from the provisions of part III, title III, deemed urgent causes remain listed on the role of the family court, even in the case of decision appeal. In the case of new evidence, the same cause may be reduced in court within a period of fifteen days, conclusions or request written, filed or addressed to the registry. These new elements must be indicated in the conclusions or the request written, on pain of nullity.
By "new elements", it is necessary to hear: 1 ° in General, an unknown element in the first application;
2 ° in food, new circumstances of the parties or the children and capable of significantly altering their situation;
3 ° in hosting, of rights to personal relationships and exercise of parental authority, the new circumstances which are likely to change the situation of the parties or of the child. However, in the latter case, the tribunal will not be entitled to this new application if justified in the interest of the child.
§
2. When using inappropriate to the contemplation in the § 1, paragraph 1, to bring the case before the Court, the judge may exercise the option that assigned to it in article 1017, paragraph 4.
§ 3. Section 730, § 2, a), is not applicable to the grounds set out by the permanent referral of this section. "."
S. 202. There is inserted an article 1253ter/8 in the same Code, as follows: "article 1253ter/8. The family court is seized in respect of matters provided for in articles 10-353 and 354-2 of the civil Code, and without prejudice to articles 145, 478, and 479 of the same Code and articles 3 1231, 1231-24, 1231-27 and 1231-46, by a query signed as appropriate, by the minor, the father, mother, guardian, subrogated tutor, curator, Member of the family or member of the public social assistance centre , or by citation, at the request of the public prosecutor. "."
S.
203. in article 1253quater of the Code, inserted by the law of July 14, 1976 and amended by laws of March 19 and June 2, 2010, it has) is repealed.
S. 204 to article 1253quinquies of the same Code, inserted by the law of July 14, 1976, the following changes are made: 1 ° in the paragraph 1, the words "Justice of peace" are replaced by the words "family court" and the word "judge" every time is replaced by the word "tribunal";
2 ° in the Dutch text of the paragraph 1, the word "hem" is every time replaced by the word "haar" and the word 'hij' is replaced by 'zij';
3 ° in paragraph 3, the word "judge" shall be replaced by the word "tribunal";
4 ° in the Dutch text of paragraph 3, the word "hem" is replaced by the word "haar".
S. 205. in article 1253sexies, § 1, paragraph 1, of the same Code, inserted by the law of July 14, 1976, the word "requests" is replaced by the word "requests" and the words "in article 4, § 1, 1 ° and 2 °, of the law of 10 February 1908" are replaced by the words "in article 272bis, § 2, 1 ° and 2 °, of the Commercial Code".
S. 206. in article 1253septies of the Code inserted by the law of July 14, 1976, 1 paragraph is replaced by the following: "in cases of emergency, the spouse seeking the prohibition to alienate or mortgage property of mortgage may require that even before to decide on the merit of the application, the family court be allowed to register its application in conjunction with the last title of acquisition transcribed goods referred to in the document instituting proceedings. An extract of the judgment is notified by the Registrar to the Registrar of mortgages. "."
S.
207. in section 1254 of the same Code, replaced by the law of 27 April 2007 and amended by law of June 2, 2010 and April 5, 2011, the following changes are made: 1 ° in the § 1, paragraph 6, the phrase "If the applicant wishes that these requests are immediately entered for interim relief, the application is submitted by bailiff citing exploit to appear before the Chairman sitting in chambers as it is said in article 1280, and before the tribunal."is repealed;
2 ° in the § 2, paragraph 1, the words "family" shall be inserted between the words "of the Court" and the words "control in this case";
3 ° § 4/1 is repealed.
S. 208. in article 1255 of the same Code, replaced by the law of 27 April 2007 and amended by the laws of the June 2, 2010, April 5, 2011 and 17 March 2013, the following changes are made: 1 ° in the § 1, paragraph 2, the words "appearance of the parties" shall be replaced by the word "hearing";
2 ° § 6 is replaced by the following: "§ § 6 6" The judge may order the personal appearance of the parties at the request of one of the parties or of the public prosecutor, or if it considers it useful, particularly to reconcile the parties and assess the appropriateness of an agreement relating to the person, food and property of the children.
Without prejudice to article 1734, the tribunal shall inform the parties of the possibility to resolve their dispute through conciliation, mediation, or any other mode of amicable dispute resolution.
If it finds that a reconciliation is possible, it can order the suspension to the procedure in order to enable the parties to gather all information useful in this regard. The duration of the suspension cannot be more than one month.

At the request of the parties, or if the judge deems it appropriate, the file is then returned to the House of settlement of the tribunal of the family, on the basis of articles 661 et seq. ";
3 ° in the § 7, the words "the president of the tribunal" shall be replaced by the words "the Court of the family".
S. 209. in section 1256 of the same Code, restored by the law of 27 April 2007, paragraph 3 is replaced by the following: "otherwise agree or if partial agreement, the judge refers to the request of one of the parties, at its first hearing useful in the context of the urgent deemed causes or causes which the urgency is invoked within the meaning of ' article 1253ter/4." Article 803 shall apply. "."
S. 210. article 1263 of the same Code, as amended by the law of 30 June 1994, is replaced by the following: 'article 1263. where the law requires personal appearance by the parties or ordered by the Court, the spouse who fails can, depending on the circumstances that the judge appreciated, be revoked its action, either see the cause returned to the particular role of the Chamber. In the latter case, the cause may be reduced at the hearing within a period of fifteen days, at the request of one of the parties. "."
S. 211. in section 1275, § 2, paragraph 4, of the same Code, replaced by the law of 30 June 1994, the words "Court which ruled on the request" are replaced by the words "Court of first instance which the family court which ruled on the request belongs".
S. 212. in article 1278, paragraph 4, of the same Code, replaced by the law of 30 June 1994, the words "family" are inserted between the words "The Court" and the words "may, at the request".
S. 213. article 1280 of the same Code, as last amended by the law of April 5, 2011, is replaced by the following: 'article 1280 when it decides on urgent deemed cause or causes which the urgency is invoked within the meaning of article 1253ter/4, the family court knows, to demand, either of the parties or one of them, to the Prosecutor, urgent measures in accordance with article 1253ter/5 and 1253ter/6.
Articles 1253sexies, § 1, 1253septies, paragraph 1, and 1253octies shall apply when the prohibition to alienate or mortgage of mortgage property is requested or ordered. Is also applicable, article 224 of the civil Code. "."
S. 214. article 1289 of the same Code, replaced by the law of 30 June 1994, is replaced by the following: 'article
1289 § 1. If the spouses are separated for more than six months on the day of the filing of the application and the personal appearance referred to in § 3 is not ordered, the procedure takes place in writing. Article 755 is application.
§ 2. If the spouses are not separated for more than six months on the day of the filing of the application, they are required to appear together and in person before the family court within one month from the day of the deposit. They are to the tribunal the declaration of their will.
§ 3. Regardless of the length of separation of the spouses, the appearance of the parties can still be ordered by the tribunal, either initiative or at the request of the Prosecutor of the King or one of the parties. In this case, the spouses are required to appear together and in person before the family court within one month from the day of the deposit.
They are to the tribunal the declaration of their will.
§ 4. In the cases referred to in §§ 2 and 3, the Court may, in exceptional circumstances, allow the husband to be represented by a lawyer or a notary. "."
S. 215. article 1289bis of the Code, inserted by the law of June 30, 1994, is hereby repealed.
S. 216. in article 1289ter of the Code inserted by the law of 30 June 1994, the following changes are made: 1 ° in paragraph 2, the words '§§ 2 and 3' shall be inserted between the words "referred to in article 1289", and the words "less than due";
2 ° in paragraph 3, the words "president of the Court or the judge who exercises the functions" are replaced by the words "family court".
S. 217. in section 1290 of the same Code, amended by the acts of 1 July 1972, 30 June 1994 and 20 May 1997, the following changes are made: 1 ° "article 931, paragraphs 3 to 7" shall each time be replaced by the words "article 1004/1";
2 ° in paragraph 3, the words '§§ 2 and 3' shall be inserted between 'laid down in article 1289' words, and the words "decide ex officio".
S. 218. article 1291bis of the Code, inserted by the law of April 27, 2007, is repealed.
S. 219. in article 1292, paragraph 1, of the same Code, replaced by the Act of 1 July 1972, "1289 to 1291" shall be replaced by the words "articles 1289, §§ 2, 3 and 4, at 1291".
S. 220 A article 1293 of the same Code, replaced by the law of 30 June 1994 and amended by the Act of May 20, 1997, the following changes are made: 1 ° in the paragraph 1, the words "When spouses or one of them" are replaced by the words "when, in the months of the date of filing of the application and before the eventual appearance of the parties referred to in article 1289" (, §§ 2 and 3, the spouses or one of them";
2 ° in paragraph 2, 'article 931, paragraphs 3 to 7' shall be replaced by the words "article 1004/1";
3 ° paragraph 3 is repealed;
4 ° in paragraph 4 which becomes paragraph 3, the words "or the third" shall be deleted and the words "in the second paragraph or of the hearing provided for in the third paragraph" are replaced by the words "in the same paragraph" and "a new date for the second appearance in 1294 article" shall be replaced by the words "a new date of appearance";
5 ° paragraph 5 is repealed.
S.
221. article 1294 of the same Code, replaced by the law of 30 June 1994 and amended by laws of May 20, 1997 and April 27, 2007, is repealed.
S. 222. in article 1294bis of the Code inserted by the law of 27 April 2007 and amended by the Act of October 31, 2008, the following changes are made: 1 ° in the § 1, the words "under article 1294" are replaced by the words "laid down in article 1289 §§ 2 and 3 '';
2 ° the § 1 shall be supplemented by the words ', §§ 2 and 3 '';
3 ° in § 2, "the interim hearing" shall be replaced by the words "deemed urgent Affairs hearing" and the word "President" is replaced by the word "tribunal".
S. 223. in article 1298 of the same Code, as amended by the laws of 30 June 1994 and on May 20, 1997, "The tribunal" shall be replaced by the words "family court"and the words"concerning the interim measures" are repealed.
S. 224. in article 1302, paragraph 1, of the same Code, replaced by the law of 30 June 1994, the words "of the House of the family" are inserted between the words "against the judgment" and the words "Court of appeal".
S.
225. in article 1316, paragraph 2, of the same Code, as amended by the law of July 14, 1976, "in the family" is inserted between the words "of the Court" and the words "that made it".
S. 226 ÷ section 1321 of the same Code, replaced by the Act of March 19, 2010, the following changes are made: 1 ° in the § 1, 1 °, the word "judge" is replaced by the words "family court";
2 ° in § 2, the word "judge" shall be replaced by the words "family court";
3 ° in the Dutch text of § 2, the word 'hij' is every time replaced by the word 'zij'.
S. 227. in article 1322/1 of the same Code, inserted by the Act of March 19, 2010, the word "judge" is replaced by the words "family court".
S.
228. in article 1322bis of the Code inserted by the law of August 10, 1998 and replaced by the law of 10 May 2007, the words "president of the Court of first instance" are each time replaced by "family court".
S. 229. in article 1322quater, paragraph 2, of the same Code, inserted by the law of August 10, 1998, the word "President" is replaced by the word "tribunal".
S.
230. in article 1322quinquies of the Code inserted by the law of August 10, 1998 and amended by the law of 10 May 2007, the words "president of the tribunal" each time are replaced by the words "the family court judge".
S. 231. in article 1322sexies of the Code inserted by the law of August 10, 1998 and amended by the law of 10 May 2007, the following changes are made: 1 ° in the paragraph 1, the words "the president of the Court of first instance" shall be replaced by the words "the Court of the family";
2 ° in paragraph 4, the words "of the order made by the president of the tribunal" shall be replaced by the words "of the judgment delivered by the Court of the family".
S.
232. in article 1322decies of the Code inserted by the law of 10 May 2007, the following changes are made: 1 ° in §2, 2 °, the words "president of the Court of first instance" shall be replaced by the words "family court";
2 ° in §§ 4 and 5, the words "president of the tribunal" each time are replaced by the words "family court".
S.
233. in article 1322undecies of the Code inserted by the law of 10 May 2007, the words "president of the tribunal" shall be replaced by the words "family court".
S. 234. in article 1322duodecies, §§ 1 and 2, of the same Code, inserted by the law of 10 May 2007, the word 'Youth' is every time replaced by the word "family".
S. 235. in article 1383 of the Code, as amended by the law of 15 May 2007, "first instance" shall be replaced by the words 'the family'.
S. 236. in article 1385duodecies, § 1, paragraph 1, of the same Code, inserted by the law of 10 May 2007, "first instance" shall be replaced by the words 'the family'.
S. 237. in the same Code, it is inserted an article 1398/1 as follows: "article 1398/1. § 1. Unless special provisions,

the decisions taken by the judge of the family court are enforceable provisionally. However, the execution of the judgment takes place at the risk and peril of the party that pursues and without prejudice to the rules of cantonment.
§ 2. The judge at the family court may, by means of a specially reasoned decision, refuse provisional enforcement if one of the parties so requests.

§ 3. However, provisional enforcement is not appropriate for decisions affecting the State people, except with respect to interlocutory decisions or before say right. "."
S.
238. in the same Code, it is inserted a section 1398/2 as follows: "article 1398/2. Except when they relate to disputes concerning the formalities relating to the celebration of marriage, to the lifting of the prohibition of marriage between minors and its permission, the judgments rendered by the judge of the family court, sitting as part of the emergency known or invoked within the meaning of article 1253ter/4, are enforceable provisionally, notwithstanding objection or appeal , and without bail if the judge did not order it provided one. "."
CHAPTER 4. -Modification du Code penal Art.
239. in article 391bis, paragraphs 3 and 4, of the penal Code, replaced by the law of 5 July 1963 and amended by the laws of the March 31, 1987 and April 27, 2007, the words "1280, paragraph 5" are each time replaced by the words "1253ter/5 and 6".
CHAPTER 5. -Changes of the Act of 8 April 1965 on the protection of youth, support of minors who have committed an act classified as offence and the repair of the damage caused by this art. 240. article 8 of the Act of 8 April 1965 on the protection of youth, support of minors who have committed an act classified as offence and the repair of the damage caused by this fact, amended by the Act of 10 October 1967, is replaced by the following: 'article 8. in this public affairs falling within the scope of this Act, the juvenile court ruling, on pain of nullity, after hearing the Department in its opinion or its requisitions. "."
S. 241. article 11 of the Act is repealed.
S. 242. article 44 of the same Act, replaced by the Act of 2 February 1994 and amended by laws of 29 April 2001, 24 April 2003 and 13 June 2006, is replaced by the following: 'article
44 § 1. The territorial jurisdiction of the juvenile court is determined by the residence of the persons exercising parental authority or, in case of joint by separated individuals exercise, by residence than with the young usually resides.
§
2. When they have no residence in Belgium or their residence is unknown or uncertain, the competent juvenile court is that of the place where the person concerned has committed the Act defined offence, the place where it is located or the place where the person or the institution at which it was entrusted by the competent bodies has its residence or seat.
§ 3. When the youth court is entered after young had reached the age of eighteen, the competent juvenile court is that of the place of residence of the young, or if it is unknown or uncertain, of the place where the qualified offence has been committed.
§ 4. Nevertheless the competent juvenile court is that of the residence of the applicant in the event of application of article 18, paragraph 5.
§
5. If the persons referred to the § 1 change of residence while the young made the object of a measure of custody, preservation or education, they must give notice without delay to the competent juvenile court under penalty of fine from one to twenty-five euro.
§
6. The change of residence causes divestiture of that Court for the benefit of the juvenile court of the district where the new residence is located unless the juvenile court judge, the public prosecutor or the parents call for the maintenance of the referral to the juvenile court already entered. The dossier is submitted by the Registrar of the tribunal functus officio to the Court. "."
S. 243. in section 45 of the Act, as amended by the law of May 15, 2006, 1 is repealed.
S.
244 section 56bis of the Act, inserted by the Act of 2 February 1994, is repealed.
S. 245. in article 62A of the Act, inserted by the Act of 2 February 1994, "of article 59bis, §§ 2A and 4A,' shall be replaced by the words"in articles 128, 130 and 135".
S.
246. in article 63A, § 1, of the Act, inserted by the Act of 2 February 1994, "of article 59bis, §§ 2A and 4A,' shall be replaced by the words"in articles 128, 130 and 135".
CHAPTER 6. -Modifications of various legislative and regulatory provisions art. 247. in article 30, paragraph 3, of Act of 26 June 1990 on the protection of the mentally ill person, amended by the law of 13 June 2006, 1st paragraph is replaced by the following: "the appeal against decisions of the Justice of the peace is formed by application to the family court, which sets the hearing. The case is referred to a Chamber of three judges. The appeal against judgements of the juvenile court is formed by request addressed to the Youth Division of the Court of appeal, which sets the hearing. "."
S. 248. in article 33 of the same Act, amended by the law of June 13, 2006, the words "59bis and 59ter" are replaced by the words "128, 130 and 135".
S. 249. in article 34, paragraph 3, of the Act, as amended by the law of June 13, 2006, "The judge, the Court or the Court" shall be replaced by the words "The Justice of the peace, the family court, the youth court or the House of the youth of the Court of appeal".
S. 250. in article 36, 1 °), of the Act, the words "59bis and 59ter" are replaced by the words "128, 130 and 135".
S. 251. in article 3, paragraphs 1 and 3, of the Act of May 16, 1900, on the estate plan of small inheritances, amended by the law of 14 May 1981, "Justice of the peace" are each time replaced by the words "family court".
S.
252. in section 4 of the Act, as last amended by the Act of April 29, 2001, the following changes are made: 1 ° in paragraph 5, the words "Justice of the peace" are each time substituted the words "family court";
2 ° in paragraph 6, the first sentence is hereby repealed and the word 'He' is replaced by the words "The Court";
3 ° in paragraph 7, the words "judge of peace or, in the case provided for in the preceding paragraph, the judge designated for this purpose," shall be replaced by the words "judge designated for this purpose".
S. 253. in article 5 of the same Act, replaced by the law of 20 December 1961, the following changes are made: 1 ° in paragraph 1, the words "Justice of the peace" are replaced by the words "family court";
2 ° in paragraph 2, the words "Justice of the peace of the Township where" are replaced by the words "Court of the judicial district in which family";
3 ° in paragraph 3, the words "Justice of the peace" shall be replaced by the word "tribunal".
S. 254. in article 6, paragraph 2, of the Act, inserted by the law of 20 December 1961, the words "either at the time of the takeover by the Court which decides, or subsequently by the magistrate of the canton where" are replaced by the words 'either at the time of the resumption, or subsequently by the Court of the judicial district in which family'.
S. 255. in section 4 of the estate plan of agricultural holdings Act of August 29, 1988 to promote continuity, the following changes are made: 1 ° in clause 1, "Justice of the peace" shall each time be replaced by the words "family court";
2 ° in paragraph 2, the first sentence is hereby repealed and the word 'He' is replaced by the words "The Court";
3 ° in paragraph 3, the words "judge of peace or, in the case provided for in the preceding paragraph" are repealed.
S.
256. in article 5 of the Act, the following amendments are made: 1 ° in paragraph 1, the words "Justice of the peace" are replaced by the words "family court";
2 ° in paragraph 2, the words "Justice of the peace of the Township where" are replaced by the words "Court of the judicial district in which family";
3 ° in paragraphs 3 and 4, the words "Justice of the peace" are replaced each time by the word "tribunal".
S. 257. in article 6 of the Act, the following amendments are made: 1 ° in paragraph 1, the words "Justice of the peace" are replaced by the words "family court";
2 ° in paragraph 2, the words "Justice of the peace of the Township where" are replaced by the words "Court of the judicial district in which family";
3 ° in paragraph 3, the words "Justice of the peace" shall be replaced by the word "tribunal".
S. 258. in article 8, paragraph 2, of the Act, the words "Justice of the peace of the Township where" are replaced by the words "Court of the judicial district in which family".
S. 259. in article 10, paragraph 1, of the Act, "Justice of the peace" shall be replaced by the words "family court".
S. 260. in article 11 of the law of July 12, 1931 on certain acts of civil status and the jurisdiction of diplomatic and consular agents in civil status "trial" are each time replaced by the words 'the family'.
S. 261. in article 5, § 3, of the Code of Belgian nationality, restored by Act of March 1, 2000, "first instance" shall be replaced by the words 'the family'.
S. 262 A article 27 of the Code of private international law, the following changes are made: 1 ° in the § 1, article 4 is supplemented by the following sentence:

"The action is brought before the family court if the foreign deed relates to a jurisdiction referred to in article 572bis of the Judicial Code.";
2 ° § 2 is supplemented by the following sentence: "the declaration of enforceability of an authentic instrument foreign demand is brought in the family court if this Act involves a jurisdiction referred to in article 572bis of the Judicial Code.".
S. 263. in article 31, § 1, paragraph 3, of the same Code, "Court of first instance" shall be replaced by the words "family court".
S. 264 A section 69 of laws relating to family allowances for employed persons, coordinated on December 19, 1939, as amended by the law of December 30, 2009, the following amendments are made: 1 ° in the § 1, paragraph 5, the last sentence is replaced by the following: "when parents agree not on the allocation of family allowances and they are separated or in the process of separation , they can apply to the family court to appoint the successful bidder and, in the interest of the child.
When it is seized of such a request, the family court may decide either to designate a single beneficiary, or that family allowances will be wholly or partly transferred by one parent to another.
This decision is effective the first day of the month following that during which it was notified to the body responsible for family allowances. ';
2 ° § 3 is replaced by the following: "§ § 3 3" If required by the interests of the child, the father, the mother, the adoptive parent, the unofficial guardian, tutor, curator or the successful bidder can make opposition to the payment to the person in the § 1, 2 or 2A, in accordance with article 572bis, 14 ° and 15 °, of the Judicial Code, or under article 594, 8 °, the same Code. "."
S.
265. at article 44, § 1, 3 ° and 4 °, of the law of June 27, 1969, revising the Decree-Law of 28 December 1944 on social security for workers, "Justice of the peace" shall be replaced by the words "the Court of the family".
S. 266 article 8, 3 °, of the law-decree of February 7, 1945 concerning the social security of the sailors of the Merchant Navy, the words "Justice of peace" are replaced by the words "family court".
S. 267. in section 4 of the Act of 15 may 2012 concerning the temporary prohibition of residence in the event of domestic violence, the following changes are made: 1 ° in the § 1, paragraph 1, "Justice of the peace of the canton" are replaced by the words "of the family court of the district in which is situated the residence concerned, subject to article 629bis ", § 1";
2 ° in the § 1, paragraph 2, the words "Justice of peace" are replaced by the words "family court";
3 ° in the § 2, paragraph 1, the words "Justice of peace" are replaced by the words "family court".
S. 268. in article 5 of the same Act, "Justice of the peace" are each time replaced by the words "family court".
CHAPTER 7. -Transitional provisions and evaluation art. 269. the cases pending at the time of the entry into force of this Act will continue to be dealt with by the tribunal or the court seized.
If a decision was quashed by the Court of cassation and that it is appropriate to reference in a matter within the competence of the courts of the family and youth, the case is remitted to the Court family and youth. In the cases provided for in this article, the files are forwarded to the Chief Clerk of the Court family and youth service.
S. 270. the opposition against the decisions made by Justice of the peace, or the civil court of the Court of first instance in matters of the jurisdiction of the boards of the family courts of the family and youth, or by the Court of the youth in civil matters, is formed before the family court. If the opposition was filed before the entry into force of this Act, article 263 shall apply.
S. 271. the mandates of the judges in the Court of the youth and youth appellate judges appointed at the time of the entry into force of this section are ex officio respectively transformed into mandates of judge at the Court family and youth and the mandates of j.a. of the family and youth.
S. 272. the magistrates of the Court family and youth performing functions within those jurisdictions for at least three years at the time of the entry into force of this Act, or who obtained the patent of the juvenile court judge shall be exempt from the initial training provided for in article 259sexies of the Judicial Code.
However, they must follow the advanced training. Other judges show, in the year of the entry into force of the Act, that they have fulfilled the training requirements set forth in judicial training Institute.
S. 273. the implementation of this Act will be assessed by the Minister of Justice and Minister with families in charge during the sixth year following the year of its entry into force. In this regard will be examined, in particular, the functioning and workload of the family court and the functioning of the boards of amicable settlement.
The Minister in charge of families transmit the report of this evaluation to the legislative chambers no later than 30 June of the seventh year following that of the entry into force of this Act.
CHAPTER 8. -Entry into force art. 274. this Act comes into force on September 1, 2014.
The King may set a date of entry into force earlier than referred to in paragraph 1.
Promulgate this Act, order that it be under the seal of the State and published by the Belgian Monitor.
Given to Brussels, July 30, 2013.
PHILIPPE by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note records of the House of representatives: 53 - 682 - 2010/2011: No. 1: Bill M. Brotcorne and others.
2 to 5: addendum.
No. 6: Notice of the State Council.
Our 7-14: amendments.
No. 15: report.
No. 16: Text adopted by the commission.
No. 17: amendments.
No. 18: The text adopted in plenary meeting and transmitted to the Senate.
Full record: 19 and 20 July 2011.
The Senate documents: 5-1189-2010/2011: No. 1: draft transmitted by the House of representatives.
5 - 1189 - 2011/2012: No. 2: amendments.
5 - 1189 - 2012/2013: Nos. 3 to 6: amendments.
No. 7: report.
No. 8: Text amended by the commission.
No. 9: Text amended by the Senate and returned to the House of representatives.
No. 10: Appendix.
Annals of the Senate: June 20, 2013.
Records 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: The text adopted in plenary meeting and transmitted to the Senate.
Full report: July 17, 2013.
The Senate documents: 5-1189-2012/2013: No. 11: text amended in the House of representatives and sent to the Senate.
No. 12: report.
No. 13: Text adopted in plenary meeting and submitted to Royal assent.
Annals of the Senate: July 18, 2013.