International Aspects of Care Proceedings - A Guide for Family Lawyers

Introduction

The complexities of cross-border child protection cases reflect families traversing multiple jurisdictions in an increasingly globalised world. The international aspects of care proceedings engages a wide range of legal and practical matters. This in turn creates unique challenges within cases ranging from exploring the transfer of jurisdiction to assessments and placements abroad. As such, the ability to navigate the applicable law and practice is crucial for frontline legal professionals.

This virtual classroom seminar will build on the understanding of international laws to ensure you can advocate effectively for your clients and the best interests of children, while respecting diverse legal and cultural frameworks. The live session will provide insights into effective cooperation between jurisdictions, addressing conflicts of law, handling cases in a timely fashion, and safeguarding children's rights in multi-country contexts.

You will learn and develop your practical knowledge of the ‘who’, ‘what’, ‘where’ and ‘when’ in approaching inter-country care cases. You will also gain insights into best practices and strategies to ensure that international standards are met to help promote consistency and fairness in decisions impacting vulnerable children, fostering better outcomes in cross-border care proceedings.

What You Will Learn

This live and interactive course will cover the following:

• The placement of children abroad under the auspices of: Special Guardianship Orders, Child Arrangements Orders, Orders conferring or limiting Parental Responsibility, other Public Law Orders
• Important considerations and solutions to challenges with the cross-border recognition of Special Guardianship Orders under English law
• The voice of the child
• Viability assessments and kinship assessments abroad: the role of national and foreign authorities
• An introduction to the framework of the 1996 Hague Convention
• Concepts and terminology: divergent definitions of parental responsibilities and their implications - Article 3 of the 1996 Hague Convention
• Transfer of Jurisdiction - Articles 8 & 9, considering recent decisions: Haringey LBC v N [2024], Child and Family Agency (Ireland) v Mother; Parallel proceedings - Article 13 of the 1996 Hague Convention
• Recognition and enforcement - Articles 23 & 26 of the 1996 Hague Convention
• Advance Recognition - Article 24 of the 1996 Hague Convention
• Placement of a child in a foster family or instruction - Article 33
• Applying the 2025 President’s Guidance on
• Public law children cases with an international element, and
• Transfer of proceedings under Articles 8 and/or 9 of the 1996 Hague Convention
• Familiarity with relevant domestic law, regulation(s) and rules
• Guidance on collaboration among legal, social work and judicial professionals, and engaging authorities such as Central Authorities (for England & Wales, ‘ICACU’), CFAB and AFRUCA, as well as guidance by the Department of Education
• Instructing an expert, and other considerations such as immigration
• Lessons learnt from case law
• A guide to draft orders

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.