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2 June 2010. - An Act to amend the Judiciary Code and the Civil Code with respect to the in-house treatment of the family law court proceedings (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Judicial Code
Art. 2. In the Judicial Code, section 757, whose current text will form paragraph 1^er, is supplemented by paragraph 2 as follows:
Ҥ2. Derogation from paragraph 1^er, the following judicial proceedings are conducted in the board's chamber, both in the first instance and in the level of appeal with respect to the pleas and reports:
1° the judicial proceedings relating to filiation referred to in articles 312, § 2, 314, 318, 322, 329bis, 330 and 332quinquies of the Civil Code;
2° the judicial proceedings relating to the claim of a pension for proper maintenance, education and training, referred to in article 338 of the Civil Code, provided that during the first appearance before the court or court, the defendant only contests the amount of the maintenance;
3° the judicial proceedings relating to parental authority, referred to in sections 373, 374, 375 bis, 387 bis and 387ter of the Civil Code;
4° the judicial proceedings relating to the extended minority referred to in articles 487ter, 487quinquies and 487ssepties of the Civil Code;
5° the judicial proceedings relating to the assistance of a judicial council referred to in section 514 of the Civil Code;
6° the legal cohabitation proceedings referred to in article 1479 of the Civil Code;
7° the judicial proceedings relating to adoption referred to in Part IV, Book IV, Chapter VIIIbis, of the Judicial Code;
8° the judicial proceedings relating to guardianship referred to in articles 1235 and 1236 bis of the Judicial Code;
9° the judicial proceedings relating to the prohibition referred to in Part IV, Book IV, Chapter X, of the Judicial Code;
10° the judicial conciliation proceedings concerning the requests of the spouses regarding their respective rights and duties and their marital regime referred to in article 1253quater of the Judicial Code;
11° the judicial proceedings relating to divorce or separation of bodies referred to in Part IV, Book IV, Chapter XI, of the Judicial Code as long as the parties appear personally;
12° the judicial proceedings relating to the protection of the rights of custody and transboundary visits referred to in Part IV, Book IV, Chapter XIIbis, of the Judicial Code;
13° the judicial proceedings relating to legal applications that are related to those referred to in 1° to 12°, provided that they are dealt with at the same hearing.
However, the judge may, in any case, depending on the circumstances, order the publicity of the proceedings either on his or her own motion or at the request of the public prosecutor or a party to the case. »
Art. 3. Section 1231-1 of the same Code, inserted by the Act of 24 April 2003, is repealed.
Art. 4. In section 1231-10, paragraph 1^er, in the same Code, inserted by the Act of 24 April 2003, the words "in the board's chamber" are repealed.
Art. 5. Section 1231-47, paragraph 2, of the same Code, inserted by the Act of 24 April 2003, is repealed.
Art. 6. In article 1235, paragraph 1^er, 1°, of the same Code, replaced by the Act of 13 February 2003, the words "in council chamber" are repealed.
Art. 7. In section 1236bis of the same Code, inserted by the Act of 29 April 2001 and amended by the Act of 13 February 2003, the following amendments are made:
1° in paragraph 2, paragraph 1^erthe words "in Council Chamber" are repealed;
2° in paragraph 4, paragraph 1^er, the phrase "The cause is instructed in the board chamber. is repealed.
Art. 8. Section 1249 of the same Code, replaced by the Act of 24 June 1970, is replaced by the following:
"Art. 1249. The request for prohibition is instructed, the parties heard or called by judicial fold. »
Art. 9. In section 1253quater, (a), of the same Code, inserted by the law of 14 July 1976, the words "in board chamber" are repealed.
Art. 10. In section 1255 of the same Code, replaced by the Act of 27 April 2007, paragraph 6, paragraph 2, is repealed.
Art. 11. In section 1296 of the same Code, the words "in the board room" are repealed.
Art. 12. In section 1301, paragraph 2, of the same Code, the words "in the board chamber" are repealed.
CHAPTER 3. - Amendment of the Civil Code
Art. 13. Article 338, § 3, of the Civil Code, replaced by the Act of March 31, 1987, is repealed.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Nice on 2 June 2010.
ALBERT
By the King:
Minister of Justice,
S. DE CLERCK
State Secretary to Family Policy,
Mr. WATHELET
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) 2008-2009 session.
Senate:
Parliamentary documents. - Proposal by Mrs. Defraigne et al., No. 4-1211/1.
Session 2009-2010.
Senate:
Parliamentary documents. - Amendments, No. 4-1211/2. - Report, number 4-1211/3. - Text adopted by the commission, No. 4-1211/4. - Text adopted in plenary and transmitted to the House of Representatives, No. 4-1211/5.
Annales of the Senate: January 21, 2010.
House of Representatives:
Parliamentary documents. - Project transmitted by the Senate, No. 52-2380/1. - Amendments, n^bones 52-2380/2 to 8. - Report, No. 52-2380/9. - Text adopted by the commission, No. 52-2380/10. - Text amended by the House of Representatives and referred to the Senate, No. 52-2380/11.
Full report: 29 April 2010.
Senate:
Parliamentary documents. - Draft amended by the House of Representatives, No. 4-1211/6. - Report, number 4-1211/7. - Decision to join the draft amended by the House of Representatives, No. 4-1211/8.
Annales of the Senate: May 6, 2010.