As
you are aware, I like to keep you up to date with what I get up to on a regular
basis, and purely on a professional level, of course. You know the expression, you
wait ages for a bus and then 3 come along a once? Well, my recent McKenzie
Friend shenanigans have really been much like this, albeit in the relatively
calm and structured surrounds of a legal arena, rather than the often noisy and
less than appealing confines of a bus stop. Or, should that be the other way
round.
Most
recently, I have received a few enquiries from parents enquiring about contact
with their children who live abroad. I do not want people to get the wrong idea
here, so I am setting out from the start, that this is by no means a definitive
guide to resolving contact issues when your child lives abroad with mum or dad,
but more of some ideas for you to consider, and places for you to look for
advice, should you ever find yourself in this predicament.
I
must start off by saying that if you do find yourself in this predicament then
it is always advisable, if financial constraints or legal aid certificates allow,
to get some qualified advice from a legal representative. This is not much
advice, I know, and it is perhaps a little more common sense than it is advice.
But, these matters can be quite complicated, and a solicitor would always know
how to go around these things better than myself.
Let
us assume, for a moment, that you cannot get legal aid and you cannot afford to
instruct a solicitor. Where do you go from here?
Well,
first of all, where in this world does your child live? I am going to focus
mainly on Europe and those countries within the EU. If your child lives outside
of Europe, then you cannot generally enforce things in the same manner that I
describe here, although it is always wise to check agreements that the UK has
with other countries, and with the Hague Convention. If your child lives within
Europe, but outside of the EU, then the European Convention is the key to
moving things forward.
So,
your child lives in the EU (but not Denmark…Not that I have got anything particularly
against Denmark, it’s just the way things work)…
If
you already have a contact order in place, and it was made after 1st
March 2005, then it should be enforceable in the EU. The Regulations that you
need to refer to are, Brussels II Regulations (Revised). You will need to
obtain a certificate in accordance with Annexure III of the Regulations. The
certificate you need is an Article 41 Certificate, and this can be obtained
from the court that made the original contact order, or if you are fortunate
enough to have retained a solicitor, they should be able to request this for
you.
Where
you have a contact order that was made before 1st March 2005, or you
simply want to register your contact order in the relevant country (and I use
the word, simply, very much tongue in cheek), then you should be able to do
this under the Transitional Provisions of the Brussels II Regulations.
If
you do not currently have a contact order for your child, you may be able to apply
for a new contact order, under Article 21 of the Hague Convention.
A
good source of advice and guidance for any legal matters involving children can
be found through, The International Child Abduction and Contact Unit (ICACU),
and by writing to the Official Solicitor at: 81 Chancery Lane, London, WC2A 1DD,
or by calling them on 020 7911 7127.
As
I said at the start, this is not a definitive guide on how to get contact with
your child who lives in another country, or for that matter, how to conduct
your case in such proceedings. It is merely just a few words that are intended
to point you in the right direction and to help get you on the right track to
begin with.
As
always, I am happy to provide guidance and support on any family law matters.
Steve
Young, Your McKenzie Friend
Web:
E-Mail:
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