Enforcement
contact
/ access of
orders
Within
the European Union
From 1 March 2005 some British orders dealing with parental
responsibility will be enforceable throughout the European
Union with the exception of Denmark. The legislation which
applies is Council Regulation (EC) No 2201/2003 and is commonly
referred to as Revised Brussels II. It is also known as Brussels
II bis or Brussels II(a). If the order you are seeking to
enforce was made in proceedings commenced after 1 March 2005
it will be directly enforceable throughout the European Union
(other than Denmark). If the order was made in proceedings
commenced prior to that date it may be enforceable under the
transitional provisions of the Regulation. Orders made in
Scotland and Northern Ireland are also covered by the Regulation.
The
Revised Brussels II Regulation has also introduced a fairer
and more streamlined process for dealing with parental abductions
within Europe. The new process is based on the Hague Convention
but narrows the grounds on which a return can be refused and gives
greater prominence to hearing the child's views and the views of
the applicant parent in these proceedings. The Revised Brussels
II Regulation also provides for the State from which the child has
been abducted to have the final say on whether the child should
be returned. If your child is abducted within the European Union
(other than Denmark), the Revised Brussels II Regulation will apply
to your case.
Outside the
European Union but within Europe
Although the Revised Brussels II Regulation came into force on 1
March 2005, the
European Convention remains in force and continues to apply
between the United Kingdom and member countries outside the European
Union (other than Denmark). The Convention works on the principle
of the mutual recognition and enforcement of orders made in the
contracting states. Accordingly, there must be in existence an order
of a court or other authority with the necessary jurisdiction in
a European Convention country, which can be recognised and enforced
in the requesting state.
Outside Europe
There
are no provisions for enforcing access/contact orders between the
United Kingdom and countries outside Europe. Enforcement may be
possible in some countries under article 21 of the Hague Convention.
See section on contact with your child outside the European Union
in a Hague Convention country. It is not usually possible to register
British orders in overseas countries including Commonwealth countries.
