Crossing Hadrian’s Wall: enforcement of children orders

Timothy Shortt, St John’s Buildings

Cross border families are a reality the Courts must wrestle with, and frequently do through the lens of the Hague Convention. Surprisingly overlooked however is the large group of families that do not live abroad, but do live in a different jurisdiction closer to home. The differences between the English and Welsh and the Scottish Courts, as well as the body of Family law they apply, is rarely appreciated in cases or properly considered. In the past, this lack of understanding has led to serious procedural problems risking the welfare of children. This article seeks to set out guidance on how practitioners should approach such circumstances in both public and private children's proceedings.

This topic is examined by considering the primary basis of jurisdiction; the practical limits of what Courts can order when a child is physically outside of their jurisdiction; and the process by which a final legal framework allowing enforcement can be adopted. In the first instance of all such cases, the cross border collaboration of the Courts and professionals is essential to ensure oversight of children’s welfare.