The child's duty of respect for his parents
Art. 371 old Civil Code states that a child and his parents owe respect to each other at any age. This is thechild's duty of respect for his parents.
What does this duty entail? A child is legally obliged to respect his legal parents throughout his life. This duty is independent of minority, so it lasts for life.
In addition, this duty is reciprocal. Thus, parents also owe respect to their children throughout their lives.
What if the child disregards his duty of respect towards his parents?
A majority of the fact-finding judges believe that the ‘gross’ disregard of the duty of respect by the (adult/minor) child towards his parent(s) can give rise to a discharge of their maintenance obligation and contribution (in accordance with art. 203 old Civil Code).
Gross disregard may include:
- insulting the parent(s);
- inflicting blows and injuries on the parent(s);
- refusing to inform the parent(s) about his studies;
- a gross lack of respect towards the parent(s);
- a break in contact towards the parent(s) over a long period of time (e.g. 1 year).
But...the Court of Cassation, the highest court in Belgium, does not agree with this reasoning of the courts of fact. The Court ruled that the gross disregard could not result in a waiver of the legal obligation to maintain the parent(s). The right to maintenance is of public policy, said the Court, which does not allow a court to rule that the child can lose its right to a maintenance contribution because of disrespect for its parent(s) (Cass. 3 June 2010, RW 2010-11,1648, note F. Swennen).
Abuse of law?
When a parent wants to escape his/her maintenance obligation because his/her child does not show deference and respect, one can try to invoke abuse of law.
Abuse of law is a legal figure that refers to the exercise of a right that manifestly goes beyond the limits of normal exercise by a reasonable and prudent person, in the same concrete circumstances. When a person abuses a right, the court may moderate the exercise.
Accordingly, a court will be able to moderate the exercise of the child's legal right to maintenance contribution towards his parents when the child abuses that right by manifestly violating his duty of respect.