Cross-border public care and adoption proceedings in the European Union

This paper reflects aspects of the debate and discussion at a workshop held at Kings College London on 2 November 2015, ‘Cross-national care proceedings in the European Union’ supported by the School of Law, University of Manchester and the University of Cambridge. We are grateful to all the participants for their contributions to this event.

Abstract

The free movement of persons within the EU has meant that children at risk of harm from family members may be living in a Member State of which they are not a national. The child may be made subject to legal measures under the national law of the host State for the protection of their welfare. This article explores the competence of the EU to protect children in these circumstances, and the scope of the Brussels IIa Regulation in governing jurisdiction over child protection proceedings. It discusses the difference between national child protection systems and the political controversy surrounding English law on adoption following care proceedings issued over a child who is a national of a different Member State. It suggests that further information sharing on national systems and cooperation between courts is necessary for the effectiveness of the law and to encourage understanding of legitimate variation in Member State national family law.

Keywords:

• Child protection
• adoption
• jurisdiction
• international family law
• EU competence

Notes

This paper reflects aspects of the debate and discussion at a workshop held at Kings College London on 2 November 2015, ‘Cross-national care proceedings in the European Union’ supported by the School of Law, University of Manchester and the University of Cambridge. We are grateful to all the participants for their contributions to this event.

1. Regulation 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation 1347/2000, [2003] OJ L 338/1.

2. Decision No. 779/2007 establishing for the period 2007–2013 a specific programme to prevent and combat violence against children, young people and women and to protect victims and groups at risk OJ [2007] L 173/19.