Publication - Advice and guidance

Family law disputes involving EU after Brexit: guidance for legal professionals

Published: 14 Oct 2019
Directorate:
Justice Directorate
Part of:
Brexit, Children and families, Law and order
ISBN:
9781787817388

This is a document detailing changes to the rules for civil judicial co-operation in Family law that will arise in the event of EU exit without a deal.

Family law disputes involving EU after Brexit: 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 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 full Brussels IIa regulation.

5.2 After Brexit if the UK leaves without a deal

Jurisdiction

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.

New procedure for EU Member States, current for non-EU countries

If the UK leaves the EU with no deal, 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.


Contact

Email: Hannah.Hutchison@gov.scot