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Custody Affidavit Template for Belgium

A Custody Affidavit under Belgian law is a formal, sworn document that details custody arrangements, parental responsibilities, and related matters concerning children. This legal instrument, governed by the Belgian Civil Code and relevant family law regulations, serves as an official declaration of custody-related facts and circumstances. The document must comply with Belgian legal requirements for affidavits and typically requires notarization. It plays a crucial role in family court proceedings, custody determinations, and related legal matters within the Belgian judicial system.

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What is a Custody Affidavit?

A Custody Affidavit is a critical legal document used in Belgian family law proceedings to formally declare facts and circumstances related to child custody arrangements. This sworn statement, regulated under Belgian civil law, provides courts and relevant authorities with detailed information about parental capabilities, living arrangements, and the child's welfare. The document is typically required in custody disputes, modification requests, or when establishing formal custody arrangements. A properly executed Custody Affidavit must comply with Belgian legal requirements and usually requires notarization. It serves as evidence in court proceedings and can be crucial in determining custody outcomes. The document is particularly important in cases involving custody disputes, international elements, or changes to existing arrangements.

What sections should be included in a Custody Affidavit?

1. Affiant Information: Full legal name, address, and identification details of the person making the affidavit

2. Child(ren) Information: Full details of the child(ren) including full names, dates of birth, and current residences

3. Relationship Statement: Declaration of the affiant's relationship to the child(ren) and legal standing

4. Current Custody Arrangement: Detailed description of existing custody arrangements, including any court orders

5. Living Arrangements: Description of current living arrangements and housing situation

6. Child Care Capabilities: Statement regarding ability to provide care, including financial, emotional, and physical support

7. Attestation: Formal statement affirming that all information provided is true and correct

8. Signature Block: Space for signature, date, and notary authentication

What sections are optional to include in a Custody Affidavit?

1. Other Parent Information: Details about the other parent when relevant to custody matters

2. International Travel Arrangements: Include when there are international travel considerations or potential relocation

3. Special Needs Provisions: Required when the child has specific medical, educational, or other special needs

4. Extended Family Relationships: Include when extended family plays a significant role in child care

5. Previous Court Orders: Include when there are existing court orders affecting custody

6. Domestic Violence History: Include when there is relevant history of domestic violence affecting custody

7. School and Education: Include when educational arrangements are particularly relevant to custody

What schedules should be included in a Custody Affidavit?

1. Birth Certificates: Certified copies of children's birth certificates

2. Existing Court Orders: Copies of any existing custody, visitation, or support orders

3. Residence Proof: Documentation proving current living arrangements

4. Income Documentation: Proof of income and financial stability if relevant

5. Medical Records: Relevant medical records if pertinent to custody arrangements

6. School Records: Children's educational records if relevant to custody arrangements

7. Character References: Letters from reliable sources attesting to parenting capabilities

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Belgium

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use

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