What is parental neglect?

Verified 14 August 2026 - Public Service / (Prime Minister)

Parental neglect is pronounced by the judge when a parent seriously neglects his responsibilities towards his child. It paves the way for a delegation of parental authority and in some cases adoption. We present you the information to know.

We are talking about parental neglect when the parents of a minor child no longer have any relations with him and neglect him. They no longer have the necessary links with him for his education and development without being prevented from doing so.

One application for declaration of parental neglect may be brought before the court where the parents have not had a relationship with the child for a continuous period of time of one year precede the query.

FYI  

Parental neglect is punishable by a maximum penalty of 7 years in prison and €100,000 of fine. The penalty may be increased in case of serious harm to the child (mutilation, infirmity...) up to 20 years in prison in case of crime.

The application may be made by the person in charge of the child (guardian, family, friend, etc.) or the departmental child welfare service (ASE) or the institution to which the child is entrusted.

The public prosecutor may bring the case itself or at the request of the children's judge.

However, a request for a declaration of parental neglect is not not possible in the following cases

  • The parent is prevented, that is to say that he has not been able to maintain with his child the relationships necessary for his education or development (accident, illness, precariousness, age...).)
  • A family member asked, within one year of the application for abandonment, to assume the child's responsibility. This request was made in the best interests of the child.

Competent court

The competent judicial tribunal shall be that of place where the minor resides.

Who shall I contact

If the request is presented by the Departmental Child Welfare Service (ASE), the competent court shall be that of chief place of the department in which the minor was taken in.

Who shall I contact

Conduct of the procedure

Application to court

The court is seised by query addressed or delivered to public prosecutor or in court.

The Public Prosecutor's Office may collect any information it considers relevant to the situation. He gives his opinion on the case. If the children's judge is seised of an appeal procedureeducational assistance, the file shall be communicated to it for its opinion.

The use of a lawyer is mandatory.

FYI  

Legal aid may be requested in case of insufficient resources to cover all or part of these costs.

Viewing the file

The folder can be viewed by the parties and their lawyers until the the day before the hearing. Lawyers may request copies, but they do not cannot give them to the parties.

Hearing

At the hearing, the applicant, the minor's parents or guardian, the person, service or institution which took in the child shall be summoned by registered letter with acknowledgement of receipt.

Lawyers and the public prosecutor shall be informed of the date of the hearing.

The court can decide to hear the child. He can summon all the people he thinks it would be useful to audition.

In the event that the parent(s) are not found, the court may decide to have a investigation. In that case, he can wait 6 maximum month before making his decision.

Decision and appeal

The decision is notified to all parties to the trial by registered mail with acknowledgement of receipt. It can be served at the request of the court.

It can be disputed before the court of appeal, in 15 days.

Representation by lawyer is mandatory before the court of appeal.

Who shall I contact

The prosecutor is notified of this decision and may appeal.

The decision to leave parental care affects parental authority and the adoption of the minor.

Parental authority

The declaration of abandonment has consequences on parental authority.

When the abandonment is pronounced in respect of the two parents, parental authority is delegated the service, institution or person who took in the child.

If the abandonment is pronounced only in respect of one parent, the parental authority of that parent is delegated to the service, institution or person who took in the child. However, the other parent retains parental authority.

Adoption

When the judgment of judicial declaration of parental neglect is become definitive, the minor may be the subject of proceedings of adoption. This adoption can be simple or plenary.

The rules are not the same depending on whether the child has parentage established for one or both parents:

  • If the judgment has pronounced the parental neglect of the parent(s), the minor may be adopted. It can be adopted by a couple or by a single person.
  • If the judgment has pronounced the parental neglect of a parent and that the other parent retains parental authority, the minor may be adopted if the parent who has retained parental authority so consents.

The parents of a juvenile who has been declared judicially abandoned may apply for restitution of their rights when the child has not been placed for adoption.

The restitution of the child must be in the best interests of the child.

The use of a lawyer is mandatory. Legal aid may be requested in case of insufficient resources to cover all or part of these costs.

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