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Care proceedings: jurisdiction and placing children in the EU, post Brexit

Date:1 JUN 2023
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Hannah Rought-Brooks, Garden Court Chambers

Hannah Rought-Brooks considers the legal framework, post Brexit, for placing children outside the jurisdiction in the EU during or at the conclusion of care proceedings.  The Hague Convention now provides the legal framework for cases where the most appropriate route is to transfer jurisdiction in order to place children with a family connection in the EU.  This article considers that legal framework, including habitual residence, as well as the Family Procedure Rules and the Presidents Guidance, and the practical steps that need to be taken during proceedings to secure that.  The article also considers more briefly some alternative routes for the placement of children with family members in the EU without transferring jurisdiction and the legal framework and practicalities required.  

The full article will be published in the June issue of Family Law



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Read the full article here.