We have separated. Is it an offence if I do not bring the child back after the weekend, or do not hand them over to the other parent?
In short
Yes, it can be. Knowingly failing to follow the arrangement set by the court or in the divorce agreement is a level 2 offence (art. 681).
Video transcript
Your child spent the weekend with you. On Sunday evening, you don't want to take them back to the other parent. Not allowed: Knowingly not following the arrangement set by the court or agreement is a crime: level 2. Even if the child wants it. The right way: Hand the child over on time. If the arrangement no longer works, ask the family court to change it. Consequences (Level 2 offence): Prison: 6 months – 3 years; Family court: Penalty payment; Also: Arrangement may change.
What is not allowed, what is required?
- A court decision or a divorce-by-consent agreement sets out where the child lives and on which days they see each parent (verblijfsregeling / hébergement).
- Knowingly failing to follow this arrangement is a criminal offence: not bringing the child back, not handing them over to the person entitled to them, or taking them away (art. 681, level 2).
- Taking the child away can be an offence even if the child wants to go. The law says 'even with the child's consent'.
- If the other parent does not stick to the arrangement, you can go back to the family court (familierechtbank / tribunal de la famille). The judge can impose a penalty payment (dwangsom / astreinte).
- If the arrangement no longer suits the child, do not change it yourself. Ask the court to change it, or get free initial legal advice.
Penalty and indirect consequences
- Fine / payment
- At this level, the main penalty is prison or an alternative penalty. The family court can also impose a penalty payment (dwangsom / astreinte) on a parent who does not follow the arrangement.
Legal basis:oud BW art. 387ter §1 + Strafwetboek (W 29.2.2024) Boek I, art. 36
- Court / prison
- 6 months – 3 years in prison or 1 month – 1 year of electronic monitoring; 120–300 hours of community service or 12 months – 2 years of probation can also be imposed
Legal basis:Strafwetboek (W 29.2.2024) Boek I, art. 36
What does this level mean? Criminal Code, level 2: 6 months – 3 years in prison or an alternative sentence. All penalty levels →
What really matters: the indirect consequences
- It may appear on your criminal record extract (uittreksel uit het strafregister / extrait de casier judiciaire); this can cause problems when you apply for jobs
Legal basis:FOD Justitie – Uittreksel uit het strafregister
- If the offence is committed by someone who has been partly or fully deprived of parental authority, the judge treats this as an aggravating circumstance
Legal basis:Strafwetboek (W 29.2.2024) Boek II, art. 682
- Custody and contact arrangements may be changed to your disadvantage
Legal basis:oud BW art. 387ter §1, 387bis
- The judge can appoint people to assist the bailiff (gerechtsdeurwaarder / huissier de justice) in enforcing the decision
Legal basis:Kamer DOC 56 0833/001 (oud BW art. 387ter)
What do these terms mean?
- Criminal record
- The state register of convictions handed down by a court. The extract asked for a job, residence or nationality application comes from it. Municipal GAS fines are not entered in it.
Why does this rule exist?
A child has the right to a relationship with both parents. A regular, predictable contact schedule keeps the child from being caught in the middle of their parents' conflict.
Where can you go?
- Violence helplineFlanders 1712 (weekdays 09–18) · Wallonia and Brussels 0800 30 030 (partner violence), 103 (child abuse) · Emergency 112
- Child and family servicesFlanders: Kind en Gezin / Opgroeien · Wallonia and Brussels: ONE
- School guidance centreThe school's CLB / centre PMS
- Social interpreterAt the municipality, the OCMW/CPAS, school and hospital, you can ask for an interpreter in your language; it is often free.
This site does not handle individual cases; it points you to the right service. All help addresses
Source and reliability
Official source- Source check
- 10 / 10 statements in an official source
- Checked: 12.10.2026
- Last checked
- 12.10.2026
- Rules can change
Show the 10 checked statementsopen
- Found in an official source
Düzen mahkeme kararı veya anlaşmalı boşanmadaki sözleşmeyle belirlenir
Strafwetboek (Wet 29.02.2024, BS 08.04.2024), art. 681 - Found in an official source
Bilerek uymamak: teslim etmemek, götürmek; seviye 2
Strafwetboek (Wet 29.02.2024, BS 08.04.2024), art. 681 - Found in an official source
Çocuğun rızası olsa bile
Strafwetboek (Wet 29.02.2024, BS 08.04.2024), art. 681 - Found in an official source
Mahkemeye tekrar başvuru ve dwangsom (BW art. 387ter)
Kamer DOC 56 0833/001 (31.03.2025), toelichting over art. 387ter BW - Found in an official source
Velayetten yoksun bırakılmış ebeveyn: ağırlaştırıcı
Strafwetboek (W 29.2.2024) Boek II, art. 682 - Found in an official source
Hâkim icra memuruna eşlik edecek kişileri belirleyebilir
Kamer DOC 56 0833/001 (oud BW art. 387ter) - Found in an official source
Velayet ve görüşme düzeni değişebilir
oud BW art. 387ter §1, 387bis - Found in an official source
Seviye 2: 6 ay–3 yıl hapis, 1 ay–1 yıl elektronik izleme, 120–300 saat çalışma, 12 ay–2 yıl probation
Strafwetboek (W 29.2.2024) Boek I, art. 36 - Found in an official source
Mahkûmiyet adli sicile yazılabilir
FOD Justitie – Uittreksel uit het strafregister - Found in an official source
Seviye 2 (hapis veya alternatif); hâkim kararın uygulanması için dwangsom koyabilir
oud BW art. 387ter §1 + Strafwetboek (W 29.2.2024) Boek I, art. 36
The checked statements are in Turkish, as in the source text. This check does not replace legal advice.
General information, not legal advice. For your own situation, ask a lawyer or free legal aid. How was this information prepared?