Movement of children between England and Scotland

Justin Gray, Trinity Chambers, Harcourt Chambers

In a wide-ranging article, Justin Gray considers the tension between the maintenance of freedom of movement within the UK and the different legal provisions relating to England & Wales and the jurisdiction of Scotland. Set against the backdrop of the differing marriage laws, the article considers the approaches to family law disputes concerning property division upon separation, private law children cases, and adoption. The particular focus of the article is on the placement in Scotland of children looked after by local authorities, including the increasing importance of understanding the implications of a move in terms of habitual residence, and the limits of the inherent jurisdiction relating to children. With limited guidance from the higher courts and developing statutory provisions on both sides of the border, the article draws on experience within a considerable array of Anglo-Scottish children cases across the jurisdictions. Solutions often call for a return to basic principles, an avoidance of any assumption that one family justice system is subservient to the other, and occasionally some creativity. 

Read the full article here.