Q&As

If a child arrangements order is made in Scotland and the child now lives in England, would an application to vary the order be made to the original court in Scotland along with an application to transfer the proceedings to the court nearest to where the child lives in England, or could new proceedings be issued in England?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 29/07/2019

The following Family Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • If a child arrangements order is made in Scotland and the child now lives in England, would an application to vary the order be made to the original court in Scotland along with an application to transfer the proceedings to the court nearest to where the child lives in England, or could new proceedings be issued in England?

Although both are constituent parts of the UK and Northern Ireland, Scottish law is a discrete system separate from that of England and Wales. As they are part of the same Member State, Brussels II bis (Council Regulation (EC) No 2201/2003) does not apply in respect of questions of jurisdiction between the courts. Instead, jurisdiction is determined by the application of the Family Law Act 1986 (FLA 1986). FLA 1986, s 1(1)(a) makes clear that a section 8 order made under the Children Act 1989 is a ‘Part 1 order’ to which the provisions of FLA 1986 apply. FLA 1986, s 2 provides that a court in England and Wales shall not make such an order with respect to a child unless eithe

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