The article is written by Hannah Rought-Brooks of the Garden Court Chambers Family Law Team for the June Issue of Family Law.
In the article, Hannah Rought-Brooks considers the legal framework, post-Brexit, for placing children outside the jurisdiction of the EU during or at the conclusion of care proceedings. The Hague Convention now provides the legal framework for cases where the most appropriate route is to transfer jurisdiction in order to place children with a family connection in the EU.
This article also considers that legal framework, including habitual residence, as well as the Family Procedure Rules and the President's Guidance, and the practical steps that need to be taken during proceedings to secure that. It also considers, more briefly, some alternative routes for the placement of children with family members in the EU without transferring jurisdiction, and the legal framework and practicalities required.
The full article will be published in the June issue of LexisNexis' Family Law.
