Alternating Residence for Children After Parental Separation: Recent Findings from Belgium

• Author: Koen Matthijs,Sofie Vanassche,Charlotte Declerck,An Katrien Sodermans
• Date: 01 October 2017
• Published date: 01 October 2017
• DOI: http://doi.org/10.1111/fcre.12303

ALTERNATING RESIDENCE FOR CHILDREN AFTER PARENTAL

SEPARATION: RECENT FINDINGS FROM BELGIUM

Sofie Vanassche, An Katrien Sodermans, Charlotte Declerck, and Koen Matthijs

In recent decades there have been two significant legislative amendments to shared parenting in Belgium. In 1995, joint exer-

cise of parental responsibilities was introduced as the default legal position. In 2006, the legislation required that in all cases of

joint parenthood in which parents could not agree on children’s living arrangements, equally divided alternating residence

must first be considered by the judge. In this article, we summarize recent research findings from Belgium about alternating

residence for children. There has been a fourfold increase in alternating residence, and families in these arrangements became

increasingly diverse. Compared to children living exclusively with their mothers, children in alternating residences report a

better relationship with their father, while mothers report a more active personal social life. For children, alternating residence

is found to be more challenging under certain conditions (e.g. no communication between parents).

Key Points for the Family Court Community:

In recent decades, there has been a dramatic increase in alternating residence for children in Belgium.

The demography of families with alternating residence is becoming increasingly diffuse.

Many separated parents report little or no communication with their former partner about child-rearing issues despite

arrangements that assume the exercise of joint parental responsibilities.

Compared with other arrangements, alternating residence correlates with improved social life of mothers and better

relationships between fathers and their children.

However, measures of child well-being in alternating residence arrangements show mixed results.

Keywords: Alternating Residence; Child Well-Being; Parent–Child Relationships; Parental Well-Being; and Shared

Parenting.

I. INTRODUCTION

Until the 1990’s, parental separation in Belgium usually resulted in fathers stepping aside from

daily child-rearing and children living almost exclusively with their mothers. This highly gendered

postseparation parenting arrangement was a reflection of the male-breadwinner model in which the

father was responsible for the family income and status, while the mother took care of the children

and the household (Matthijs & Vanassche, 2016). But parenting and childrearing practices in Bel-

gium have changed dramatically in recent decades. Today, as in many western countries, fathers and

mothers are both likely to be breadwinners, and fathers are increasingly involved in parenting activi-

ties (Matthijs & Vanassche, 2016). Changing gender norms regarding parenting are also reflected in

the parental roles of men and women after the dissolution of the relationship. Since the 1990’s, chil-

dren in Belgium are increasingly likely to live part-time with their mother and part-time with their

father if their parents separate (Bjarnason & Arnarsson, 2011).

These normative shifts in gender roles are clearly reflected in two significant changes in Belgian

family law. In 1995, the system of joint exercise of parental responsibilities was introduced, incorpo-

rating the idea that both parents are responsible for their children and should jointly make key deci-

sions regarding their children, irrespective of their relationship (Act of 13 April 1995, Moniteur

belge 24 May 1995). This also applies when parents are no longer living together. Prior to 1995, the

parent who had the right to the material care of the child (typically the mother) was exclusively enti-

tled to exercise parental responsibilities (known in some jurisdictions as sole legal custody).

Correspondence: sofie.vanassche@kuleuven.be

FAMILY COURT REVIEW, Vol. 55 No. 4, October 2017 545–555

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C2017 Association of Family and Conciliation Courts