Belgian Court Halts Forced Return of 4-Year-Old to Morocco Amid Custody Dispute

In this rather farcical case reported by the RTBF website, it is the innocent little girl who would be the victim of all the moral torture that her already separated parents are indulging in.

The father of the little girl is Belgian-Moroccan, the mother Moroccan. Separated for two years after the woman’s departure from the marital home, their divorce which was pronounced under Belgian law has not yet been transcribed in their country of origin. In Morocco, according to the family law in force, "the custody of a child rests with both parents, as long as the marital ties subsist," recalls the Belgian channel.

Legal battle

In the meantime, the man has returned to live in the Liège region, with the little girl. Even if he has notified the embassy, the same source specifies that he has not "formally obtained the lady’s consent." Returning to the charge, the latter filed a complaint for kidnapping, after long months of silence. The glimmer of hope that seems to be emerging in her after the court’s decision, which in the first instance ordered the immediate return of the little girl, quickly faded. Because indeed, recalls the site, "the court of appeal has just ruled in the opposite direction."

The same source specifies that beyond the personal problems that the two parents may display, "it is a careful reading of the international conventions that has rather dictated this decision." The other equally important thing, "it is the justice of the place of residence at the time of the illicit displacement that must appreciate the interest of the child." Who is only 4 years old, of which two have already been spent in Belgium where she goes to school, moreover. Ultimately, time will play against the mother who had waited almost a year before launching the proceedings.