International Child Abduction and Contact Unit: information for solicitors
Updated 16 May 2022
Applies to England and Wales
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Admission to the ICACU referral list
In collaboration with the Law Society and others, the International Child Abduction and Contact Unit (ICACU) has a scheme for accreditation of solicitors dealing with international child abduction work. ICACU has published this information so the criteria for joining the list are transparent and readily available.
The criteria should demonstrate that both the firm and individual solicitors have the resources and competencies required for this demanding work.
Meeting ICACU criteria
To meet the admission criteria, the firm must:
- confirm that the resources and infrastructure are in place to undertake urgent High Court litigation in London (and, if requested, provide sufficient detailed information to justify the confirmation)
- undertake to notify the unit immediately of any relevant changes, including a change in the identity of any solicitor conducting or supervising child abduction cases
- have the appropriate contract with the Legal Aid Agency to deliver child abduction work
Any solicitor in the firm, who conducts or supervises the conduct of child abduction matters, must provide copies of certificates to show that they are:
- either a member of the Law Society Family Law Panel (Advanced), who has taken the Child Abduction and Wardship optional component
- or a Resolution Accredited Specialist who has successfully completed the Child Abduction Specialist Portfolio
In both cases, the relevant solicitor(s) in the firm should provide case summaries where they have acted or assisted in at least 2 incoming Hague return cases in the High Court (either for claimant or defendant) which have proceeded to final judgment. Any cases that are used to demonstrate how the firm meets the admission criteria should have been undertaken within the last 24 months of the date of applying to join the panel.
Make an application
Applications to join the referral list will be considered once every 3 years in May. For the next intake, please make sure all applications are sent in writing to the ICACU before 30 April 2025.
ICACU will let applicants know the outcome of the submission by the end of June of the intake year. If all the above criteria are met, the firm will be added to the existing referral list.
Referrals
Solicitors who are members of the referral list are expected to accept referrals in relation to:
- Article 12 of the Hague Convention on the Civil Aspects of International Child Abduction 1980 (incoming Hague return cases)
- Article 21 of the Hague Convention on the Civil Aspects of International Child Abduction 1980 (incoming Hague access cases)
- Articles 39, 41 and 42 of Council (EU) Regulation 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (enforcement under Brussels II bis)
- European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children and on Restoration of Custody of Children (enforcement under the European Convention)
Annual confirmation
Each year, we will ask firms to confirm that they:
- retain the resources and infrastructure to undertake urgent High Court litigation in London (and, if requested, provide sufficient detailed information to justify the confirmation)
- undertake to notify the unit immediately of any relevant changes, including a change in the identity of any solicitor conducting or supervising child abduction cases
- have the appropriate contract with the Legal Aid Agency to deliver child abduction work
In addition, the solicitor(s) in the firm who conducts or supervises the conduct of child adduction matters, must confirm they still have the relevant membership or accreditation needed when they applied for admission (as detailed above).
Contact
Contact ICACU with any questions about the criteria:
The Official Solicitor and Public Trustee
Post Point 0.53, 102 Petty France
London
SW1H 9AJ
Phone (International Child Abduction Unit): 020 3681 2756
DX details
Post Point 0.53
Official Solicitor and Public Trustee
DX 152384 Westminster 8