What is parental neglect?

Verified 11 December 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Parental neglect is pronounced by the judge when a parent seriously neglects his or her responsibilities towards the child. It paves the way for the delegation of parental authority and in some cases adoption.

Parental neglect occurs when the parents of a minor child no longer have a relationship with the child and neglect the child. They no longer have the connections with him that are necessary for his education and development without being prevented from doing so.

One application for a declaration of parental abandonment may be brought before the court when the parents have not maintained a connection with the child for a continuous period of one year precede the request.

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...) until 20 years in prison in case of crime.

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

The public prosecutor's office may take the matter up himself or at the request of the juvenile judge.

FYI  

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

  • Parent is prevented, that is to say, he was unable to maintain relations with his child necessary for his education or development (accident, illness, precariousness, age, etc.).
  • A family member applied in the year preceding the filing of the application for abandonment to assume responsibility for the child. This request was made in the best interests of the child.

Court having jurisdiction

The competent court is that of the the place where the minor lives.

Who shall I contact

If the request is presented by the departmental child welfare service (ASE), the competent court shall be that of the head of the department where the minor was taken.

Who shall I contact

Conduct of the procedure

Application to the court

The matter shall be referred to the Court by request addressed or delivered to public prosecutor or in court.

The Crown may collect any information it considers relevant to the situation. He gives his opinion on the case. If the Juvenile Court is seised of an appeal procedure educational assistance, the file shall be sent to it for its opinion.

The recourse to a lawyer is obligatory.

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 consulted by parts and their lawyers to the the day before the hearing. Lawyers can ask for copies, but they don't can't give them to the parties.

Audience

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

The lawyers and the public prosecutor are informed of the date of the hearing.

The court can decide to hear the child. He can summon all the people he thinks it's worth auditioning.

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

Decision and appeal

The decision is notified to all parties to the trial by registered mail with notice 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 obligatory before the court of appeal

Who shall I contact

The prosecutor is notified of this decision and can appeal.

The decision on parental abandonment has an impact on parental authority and adoption of the minor.

Parental authority

The declaration of neglect has consequences for parental authority.

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

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

Adoption

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

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

  • If the judgment has pronounced the parental neglect in respect of the parent(s), the minor is adoptable. 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 is adoptable if the parent who has retained parental authority consents.

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

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

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

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