The unprecedented health crisis is raising many questions for our clients, particularly regarding family matters.
S-LAW is here to answer them.
Q: Can I refuse to hand my child over to the other parent?
The coronavirus does not prevent the other parent from exercising the access rights granted to them by a court order, unless that parent or someone in their household is showing symptoms and has been placed in quarantine.
Prime Minister Wilmes’ statement was clear regarding the obligation to comply with the court order establishing the other parent’s right to access.
In line with this, the Court of First Instance of Walloon Brabant, Nivelles Division, has just ordered a parent to pay a daily penalty of €1,000 for failing to hand over the child.
Are the ‘Espace-Rencontre’ visiting centres open?
Unfortunately, you must understand that, for health reasons, the ‘Espace-Rencontre’ centres are enclosed spaces where children, staff and yourself would be at risk. Visits that cannot take place will most certainly be rescheduled for a later date.
Q-Can I still have an appointment with a solicitor?
We have done everything possible to arrange video-conference meetings with you under the best possible conditions, whilst complying with social distancing rules. Your case will remain open, and work will proceed in a completely normal and proactive manner, whether your case takes a litigious or negotiated turn.
Q-Can I still take part in mediation?
It is possible to hold mediation sessions or virtual meetings. However, unless there is a particular urgency, it is preferable that you wait until the end of the lockdown so that the conditions are optimal. Mediation does, in fact, require a calm, positive and open mindset, which you may not have at the moment. Furthermore, it is also more difficult for the mediator to gauge and manage emotions during virtual sessions.
Are the courts closed?
All cases scheduled up to 19 April 2020 have been automatically adjourned to the docket, i.e. placed on a waiting list with no set date.
However, in particularly urgent cases – where the judge strictly assesses the urgency – special hearings have been scheduled, at which only the urgent matters will be heard. The parties are exempt from appearing in person.
For other cases, either both parties agree to proceed by written submissions only, in which case a judgement will be delivered within a maximum of two months.
Alternatively, if the parties consider that the case requires oral proceedings, they may jointly request to appear voluntarily at hearings to be scheduled once the current measures have ended. Cases will be rescheduled in the order of the postponed hearings.
In other cases, a joint or unilateral request to set a hearing date will be required for the case to be dealt with.
Q: Can notarial deeds still be executed?
The former marital home is up for sale, and a potential buyer has come forward; can a preliminary sale agreement still be signed? It is possible to sign it via email. It is best to contact your solicitor directly by telephone, as they too are required to comply with health measures.
Has S-Law not answered all your questions?
Please feel free to submit a contact request via our website, or call 04/325.02.02 or 019/33.15.97 to speak to Maître WILMOTTE.
