UK-EU cross-border disputes about parental responsibility
Published 12 January 2021
Applies to England and Wales
© Crown copyright 2021
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/uk-eu-cross-border-disputes-about-parental-responsibility/uk-eu-cross-border-disputes-about-parental-responsibility
This guidance explains the changes to UK-EU cross-border disputes about parental responsibility from 1 January 2021.
It is intended for people involved in family law disputes. If you are a legal professional, please refer to the guidance for legal professionals.
If you are currently or soon to be involved in a case that you think may be affected by this you should speak to a lawyer or Citizens Advice as soon as possible. You should also speak to a lawyer or Citizens Advice if your case involves an EU country and Scotland or Northern Ireland.
This guidance only relates to cases involving the courts of England and Wales. If you have a cross-border case relating to the courts in Scotland or Northern Ireland, you should seek advice on mygov.scot or nidirect.gov.uk
Family law disputes from 1 January 2021
EU laws about family proceedings no longer apply to the UK from 11pm on 31 December 2020.
This affects rules on:
- the country that family law disputes are heard in
- how decisions made in one country are recognised and enforced in another
This applies to cases in England and Wales about:
- divorce
- matters relating to children (including on child abduction)
- child maintenance
New cases
If you apply for new arrangements for your children in England or Wales or an EU country after 11pm on 31 December 2020, new rules will be in place but you should apply in the same way. This includes applications about children you already have agreed arrangements for.
Speak to a local lawyer as soon as possible to get specific advice about your case and the actions you need to take.
Ongoing cases
If you have an ongoing case about arrangements for your children in England or Wales or an EU country as at 11pm on 31 December 2020, your case will continue under the current rules.
Order recognition
If you have an order in place about arrangements for your children that has been made in England or Wales or an EU country before 11pm on 31 December 2020, it should not be affected. However, if you make further applications (even about the same child or children) after this time, different rules will apply for having the order made or accepted in the other country.
Speak to a local lawyer as soon as possible to get specific advice about your case and the actions you need to take.
International parental child abduction
From 1 January 2021, the rules about abducted or wrongfully retained children in EU countries have mostly not changed.
If your child has been abducted to, or is being wrongfully kept in, another country by another parent or a relative, you should get legal advice from a specialist lawyer.
You should also, if possible, get local legal advice in the country the child has been taken to, and you should contact the Central Authority for England and Wales (ICACU) and the charity Reunite.
You may also wish to read guidance on: