Child endangerment

Parental authority may be withdrawn entirely from parents who clearly endanger the safety, health or morals of their children.

The court can order the withdrawal of parental authority in the following situations:

• Abuse by parents
• Usual and excessive use of alcohol or drugs by parents
• Known misconduct or criminal behavior by parents (particularly when the child witnesses physical or psychological pressure or violence exerted by one parent on the other parent)
• Lack of care or direction

Disinterest in the child in the context of educational assistance

Parental authority may be withdrawn entirely from parents in the event of a lack of interest in their child.

This decision is taken if the following 2 conditions are met:

• One educational assistance measure has been taken in respect of the child
• The parents have voluntarily abstained for more than 2 years to exercise the rights and duties they had retained despite the assistance measure (for example, the parent who does not hear from his child while exercising parental authority).

Parental authority may be withdrawn at 1 parent only or to 2 parents.

The withdrawal of parental authority may affect one or more of the children.

Withdrawal of parental authority may be requested by the following persons:

• Public Prosecutor
• Family member (grandparents, uncle, aunt...)
• Guardian of the child
• Departmental Child Welfare Service (Ase) to which the child is entrusted

Application to the courts

The application shall be in the form of a request drafted by counsel for the applicant.

The application must be filed or addressed to the court of the place of residence of the parent against whom the action is brought.

Preparation of the file and convening

The parts shall be convened at least 8 days before hearing. The summons shall be sent by letter RAR: titleContent.

The lawyer is obligatory for all parties to the proceedings.

Pending the hearing, the court may take interim measures relating to the exercise of parental authority.

The court may also order measures to learn more about the personality and living conditions of the minor and his or her parents. In particular, it can set up a judicial educational investigative measure, medical examinations or psychiatric and psychological assessments.

Audience

The procedure is oral this means that the parties' claims and arguments must be presented orally at the hearing.

The case is being heard in council chamber.

At the hearing, the court shall hear the parents, guardian, person or representative of the service to which the child has been entrusted.

The court may also hear any person whom it considers useful.

Decision and notification

The court makes a judgment.

This judgment shall be notified by letter RAR: titleContent, within a maximum of 8 days.

The notification shall be made to the applicant, the parents, guardian, person or department to whom the child has been entrusted or to the third party entrusted with the task.

However, the court may decide that the notification be made by a Commissioner of Justice.

Appeals

The persons to whom the judgment is notified may appeal.

The call must be made within 15 days of notification the decision.

The lawyer is mandatory  for the appeal procedure.

It's up to the lawyer to make the appeal  at the registry of the court of appeal.

The court may decide total withdrawal or partial parental authority.

As a matter of principle, the withdrawal applies to all children already born at the time of judgment. However, the court may decide that the total or partial withdrawal of parental authority shall have effect only in respect of some of the children already born.

When parental authority is withdrawn from one parent, the other parent becomes the sole holder of parental authority.

If the other parent has died or lost parental authority (or exercise), the child is provisionally entrusted to a third party (family member or not) who must organize the guardianship. The child can also be entrusted at the service of child welfare (Ase).

The court may also choose to entrust the child to a third party who must organize guardianship or to the Ase even if one of the two parents is not deprived of parental authority. This may for example be the case where the parent with parental authority is under the influence of the parent from whom parental authority has been withdrawn.

In order to request the return of their parental authority, the parent(s) must provide proof of new circumstances.

The application may be made, at the earliest, 1 year after the judgment withdrawing.

If the child is placed for adoption, the parents cannot apply for restitution.

The application shall be in the form of a request drafted by the lawyer of the parent(s) or by the parents themselves.

This request must be filed before the court of justice the place of residence of the person to whom the rights relating to the child have been conferred.

The refund may be total or partial.

If the court rejects the application, the parents cannot submit a new application for restitution before the expiry of a new period of 1 year.