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How to File a Police Report for Parental Alienation in Belgium — The Step-by-Step

TL;DR. Withholding a child from court-ordered contact is a CRIME in Belgium. Penal Code Art. 432 (non-représentation d'enfant): up to 1 year imprisonment. Most targeted parents have never been told. Here is the 6-step procedure to file at any commissariat. The PV may not lead to prosecution today, but it becomes contemporaneous evidence the family court (and, if needed, the ECHR) cannot dismiss.

Author: Alan Markson · Last reviewed: 2026-05-15 · License: CC BY 4.0 Originally published at antialienate.com/blog/how-to-file-police-report-belgium-parental-alienation.

  • Penal Code Art. 432 — non-représentation d'enfant — failure to present a child for court-ordered contact: up to 1 year imprisonment + fine
  • Civil Code Art. 387ter — civil enforcement: astreintes (per-day judicial coercive payments), residence modification
  • Civil Code Art. 374 §2 — l'autorité parentale conjointe (joint parental authority is the default)

The penal article is the one most parents — and many police officers — don't know.

The 6-step procedure

  1. Confirm a court order exists specifying contact (jugement or accord parental homologated by the family court)
  2. Document the obstruction event — date, time, location, what was denied
  3. Go to ANY commissariat (your local zone de police)
  4. Ask to file a plainte under Penal Code Art. 432 — or minimum, a PV de plainte
  5. Request a copy of the PV with the reference number before leaving
  6. Forward copy to your family law attorney within 48 hours

What to bring

  • Court order (original + copy)
  • Identity card
  • Written timeline of the obstruction (dates, times, witnesses)
  • Any communications proving denial (texts, emails, voicemails)
  • Medical records of the child's distress (if applicable)
  • Witness names and contact

Bring it all. You may not get a second meeting.

What to expect

The officer may not understand parental alienation. They may say "go to the family court." Politely insist on filing the PV under Penal Code Art. 432. Do NOT leave without the reference number.

On the parquet decision

Most first-time PVs for non-représentation will be classés sans suite (no prosecution). This is normal — the parquet wants to see a pattern before prosecuting. Each PV builds the pattern. The third one rarely gets ignored.

ECHR backing — this is not "just a Belgian quirk"

  • Bondavalli v. Italy (ECHR 2015, App. no. 35532/12) — state inaction in the face of contact obstruction is itself an Article 8 violation
  • Improta v. Italy (ECHR 2017, App. no. 66396/14) — delay alone can constitute the violation

Belgium is bound by this jurisprudence. Your PV is also a record that the state was put on notice.

Strategic value beyond prosecution

Even when the criminal case isn't pursued, the PV becomes:

  • Contemporaneous evidence of obstruction in the family court
  • Proof you took the situation seriously
  • Documentation the alienator can't claim you "made up"
  • Foundation for an eventual ECHR claim if Belgium fails to act
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antialienate.com/blog/how-to-file-police-report-belgium-parental-alienation How to File a Police Report for Parental Alienation in Belgium

Citations

  • Belgian Penal Code Art. 432 (non-représentation d'enfant)
  • Belgian Civil Code Art. 387ter (astreintes)
  • Belgian Civil Code Art. 374 §2 (l'autorité parentale conjointe)
  • Bondavalli v. Italy, ECHR 2015, App. no. 35532/12
  • Improta v. Italy, ECHR 2017, App. no. 66396/14

Disclaimer

Educational content. Not legal advice. Consult a Belgian family-law avocat before filing.

Author byline: Alan Markson · License: CC BY 4.0 · Originally published at antialienate.com.