What is joint custody and how does it work in Belgium?

Joint custody means both parents share legal responsibility for their child's upbringing, even after separation or divorce.

Joint custody (gezamenlijk ouderlijk gezag) is the legal arrangement where both parents retain equal rights and responsibilities for their child's upbringing after separation or divorce. In Belgium, joint custody has been the default legal presumption since 2006, reflecting the principle that children benefit from maintaining relationships with both parents.

Under joint custody, both parents must make important decisions together regarding their child's education, healthcare, religion, and major life choices. This doesn't necessarily mean equal time-sharing - the child's residence arrangement is separate from custody rights. One parent may be the primary resident while both retain joint custody.

The court will only deviate from joint custody in exceptional circumstances, such as domestic violence, substance abuse, or when one parent is clearly unfit. Parents can also agree to sole custody arrangements, but the court must approve these decisions based on the child's best interests.

Joint custody requires ongoing communication and cooperation between parents. When disagreements arise about major decisions, parents may need mediation or court intervention. The system emphasizes shared responsibility rather than winner-takes-all outcomes.

Experts like Josie Gijbels from Josie Gijbels Advocaat regularly help families navigate these arrangements and understand their rights and obligations under Belgian family law.

For personalized guidance, consult a Family Law specialist on TinRate.