Towards a financing of family mediation in Belgium?

On 2 February 2022, the Commission of Justice started the examination of the law proposal modifying the Judicial Code in order to finance part of the use of family mediation.

This proposal foresees the addition of an article 1729/1 in the Judicial Code.

It provides for the Federal Public Service Justice to pay for mediation outside of legal aid for all couples with children who are separating or are already separated or divorced.

For disputes concerning parental authority, accommodation of children, maintenance obligations towards them and separate residences, the parties will be able to

  • Take part in five free family mediation sessions with an accredited mediator when no judgement has been made or no agreement established between the parties on the solutions to be sought for their common children;
  • Attend three free sessions of family mediation by an accredited mediator when a judgement or an agreement has to be reviewed due to new circumstances and relating to the solutions to be sought for their common children. The judgment or agreement to be reviewed must be at least one year old;
  • Have the mediator draw up an agreement, free of charge, containing their partial or total agreement.
  • The mediator shall be freely chosen from the list of mediators approved by the Federal Mediation Commission.

More information (French only) La Chambre.be 

 

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