{"id":9043,"date":"2022-09-08T14:53:00","date_gmt":"2022-09-08T12:53:00","guid":{"rendered":"https:\/\/reyns-advocaten.be\/?p=1215"},"modified":"2026-06-26T11:35:12","modified_gmt":"2026-06-26T09:35:12","slug":"verblijfsregeling-kinderen-2","status":"publish","type":"post","link":"https:\/\/reyns-advocaten.be\/en\/verblijfsregeling-kinderen-2\/","title":{"rendered":"Children\u2019s residence arrangements: can my child decide for themselves whom they want to live with?"},"content":{"rendered":"\n
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Expertise<\/strong><\/p>\n

\n Family interests<\/a>\n <\/div>\n

Publication<\/strong><\/p>\n

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8 September 2022<\/p>\n <\/div>\n <\/div>\n<\/div>\n<\/div>\n\n\n\n

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A divorce often brings many difficulties and concerns: who can continue living in the family home? With whom will the children be registered, and how often will the other parent see the children? \u2026 Ideally, both parents reach an agreement together on (some of) these issues, but what if your child indicates that they do not want to go to the other parent? Can your child decide for themselves not to go, or to go less often than agreed, to the other parent?<\/em><\/p>\n\n\n\n

Whether a child has any say in the imposed contact arrangement depends on the child\u2019s age. In this news blog, we provide you with an overview according to the child\u2019s age.\u00a0<\/p>\n\n\n\n

An adult child<\/strong><\/h2>\n\n\n\n

An adult can always decide for themselves which parent he or she stays with. After all, parental authority ends (in principle<\/em>) as soon as a child reaches adulthood.<\/p>\n\n\n\n

A minor child\u00a0<\/strong><\/h2>\n\n\n\n

A minor child, on the other hand, cannot decide for themselves which parent he or she stays with. This is a decision that the parents initially make together. If the parents have reached an agreement, the minor must abide by that agreement. It is up to the parents to encourage the minor so that this arrangement is respected. If the arrangement is not complied with, a penalty payment may, for example, be linked to the residence arrangement. Each time a parent causes the child not to go to the other parent, that parent must pay a sum of money to the other parent.<\/p>\n\n\n\n

The situation is different when the parents are unable to reach an agreement between themselves and proceedings are initiated before the court. In that case, the court will make a decision regarding the residence arrangement. The court always makes a decision in the best interests of the child.<\/em> The child’s best interests are assessed by the judge and do not <\/em>always correspond with the child’s will or wishes. The judge takes all kinds of factors into account, including the parents’ living situation and location, the parents’ practical availability, \u2026 Once the child has reached a certain age, the court may also take the child’s wishes into account.\u00a0<\/p>\n\n\n\n