Publication - Advice and guidance

Cross-EU border family law from 1 January 2021: guidance for legal professionals

Published: 9 Dec 2020
Directorate:
Justice Directorate
Part of:
Brexit, Children and families, Law and order
ISBN:
9781800044142

Updated guidance for legal professionals on cross-EU border family law (including divorce and child maintenance) from 1 January 2021.

Cross-EU border family law from 1 January 2021: guidance for legal professionals
5. Placement of children

5. Placement of children

5.1 Current law

Jurisdiction

Under Brussels IIa, the court hearing public law care proceedings will normally be the court of the country of the child’s habitual residence.

Current procedure

If the local authority wishes to propose to the court or the Children’s Hearing that the child be placed with a family member in another member state, local authorities are required under the rules in the Brussels IIa Regulation to seek and obtain prior consent from the competent authority in the EU country where they wish to place the child, in cases where that authority is involved in domestic placements.

For further information, refer to the Brussels IIa Regulation.

5.2 After the end of the transition period

Cases ongoing in the UK at the end of the transition period

The treatment of cases commenced before the end of the transition period is governed by Title VI of the Withdrawal Agreement. The Withdrawal agreement does not apply to the treatment of cases that commence after the end of the transition period.

Cases that commence after the end of the transition period

After the end of the transition period, local authorities and social welfare authorities in EU member states will use the rules in the 1996 Hague Protection of Children Convention on placements; under these rules they will need to seek and obtain consent to the placement in every case. Under the 1996 Hague Convention, the court hearing public law care proceedings will normally be the court of the country of the child's habitual residence.


Contact

Email: hannah.hutchison@gov.scot