Q&As

Where the proposed applicant for a child arrangements order lives in England, but the child and the parent with care live in Scotland, where should proceedings be issued?

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Published on LexisPSL on 16/09/2019

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Where the proposed applicant for a child arrangements order lives in England, but the child and the parent with care live in Scotland, where should proceedings be issued?

Proceedings in respect of parental responsibilities and rights must comply with the jurisdictional requirements of Council Regulation (EC) 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (Brussels II bis). Generally, the courts of a Member State will have jurisdiction in matters of parental responsibility over a child who is habitually resident in that Member State at the time the court is seised. Article 66 of the Brussels II bis clarifies that where a Member State has two or more legal systems, as in the UK, the Brussels II bis applies in the different territorial units and that any refere

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