Advice Centre

Speak to a member of our specialist international team of UK family lawyers today on 0330 107 0107.

Introduction

Care proceedings involving children are complex, particularly when a child has ties to another country. Local authorities initiate such proceedings when there are concerns about neglect, abuse, or a lack of proper care. If the child is a foreign national, legal coordination between the English courts and the authorities of the child’s home country is required. This case study examines the legal issues surrounding cross-border care proceedings and the role of legal advisors in assisting local authorities and the courts.

Legal Framework Governing Care Proceedings

Care proceedings are governed by the Children Act 1989, which prioritises the child’s welfare. Local authorities may apply for a Care Order or an Emergency Protection Order if a child is at risk. The court then decides whether the child should remain in local authority care, be placed with a guardian, or be returned to their home country if it is in their best interests.

For children from other countries, English courts and local authorities must consider international legal frameworks, including:

• The 1996 Hague Convention on Parental Responsibility and Protection of Children – Governing cross-border child protection and ensuring cooperation between states.
• The Brussels IIb Regulation (Regulation (EU) 2019/1111) – Applying to family law matters within EU member states and setting jurisdictional rules.
• Domestic laws of the child’s home country – Governing procedures for accepting a child into care or facilitating their return.

Key Challenges in Cross-Border Care Proceedings

1. Jurisdiction of English Courts

A key legal issue is determining which court has jurisdiction. Under Brussels IIb, jurisdiction is generally based on the child’s habitual residence. However, the English courts may act if the child is in England or Wales and in need of immediate protection.

2. Recognition and Implementation of English Court Orders Abroad

Even when an English court issues an order, enforcing it in another country can be complex. Local authorities often need legal advice on:

• Registering the English court order with foreign authorities (e.g., in Romania or Poland) for enforcement.
• Working with lawyers in the child’s home country to comply with local legal requirements.
• Advising the court on available legal mechanisms to secure the child’s protection after repatriation.

3. Repatriation and Placement in the Home Country

Local authorities need guidance on safely returning a child while ensuring their continued welfare. This includes:

• Determining whether the child will live with a relative, in foster care, or under state care.
• Securing travel documents and identity papers.
• Ensuring the home country has adequate care arrangements in place.

4. Locating Parents in Other Countries

Local authorities often need assistance in:

• Confirming parental rights and responsibilities under foreign law.
• Assessing whether a parent is fit to care for the child.
• Working with international agencies to locate absent parents.

The Role of Legal Experts in Cross-Border Cases

IMD Solicitors LLP assists local authorities and courts in handling these legal issues by:

• Advising on international legal frameworks governing child welfare and cross-border cooperation.
• Preparing legal reports detailing the steps for repatriation and enforcement of English orders abroad.
• Working with foreign legal professionals to ensure compliance with local laws.
• Providing expert opinions to courts and local authorities on best practices for cross-border care proceedings.

IMD Solicitors LLP has extensive experience working with family lawyers across multiple jurisdictions. Their ability to coordinate between legal systems ensures children receive appropriate protection.

Case Study: Repatriation of a Romanian Child

A local authority sought advice on returning a Romanian child to their home country after being placed in a local authority care. The local authority and the court required guidance on:

• How to secure recognition of the English court order in Romania.
• Steps to ensure the child’s welfare upon arrival.
• Legal requirements for working with Romanian child protection authorities.

IMD Solicitors LLP collaborated with Romanian legal professionals to provide clear legal advice and assist the local authority and the court in returning the child to their home country.

Conclusion

Cross-border care proceedings require local authorities to work within multiple legal systems while prioritising the child’s welfare. The courts in England and Wales must consider international agreements, local laws, and practical issues related to enforcement abroad. IMD Solicitors LLP plays a key role in supporting local authorities and courts by providing legal expertise on jurisdiction, enforcement, and safe placement of children in their home countries. By ensuring compliance with international law and working with foreign legal professionals, IMD Solicitors LLP helps local authorities secure the best possible outcomes for children in care.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

To find out more about our services, visit International children matters and contact disputes section of our website.

Call us now to discuss your case 0330 107 0107 or email us at info@imd.co.uk.