Will my foreign contact and residence orders be recognised?

When a contact order is issued by a family law judge in the court of a European Union member state, it becomes binding in all EU countries and will therefore be recognised by the family courts of all 27 members.

However, before any order can be made, certain conditions must be met. For example:

• The parties involved should be given advance warning of the proceedings

• The parties involved should be offered the chance to state their view

• The child must be provided with a forum to give their view. EU countries tend to have their own ways of addressing this

Before a court in a second country can implement an order, the judge in the country where it was made must certify the order and a translation if necessary before sending it to the court. Once received, the order takes immediate effect.

Residence orders work differently and are not as easily transferrable across EU states. Nevertheless is it fairly easy to prevent competing orders between EU courts.

Non-EU countries operate completely differently and new orders will probably need to be applied for. Regrettably, this can be a protracted process because of the country’s different legal attitudes and court system.

Need specialist advice on foreign contact and residence orders? Call our experts today

When dealing with foreign court orders concerning children, it is critical to get the right specialist advice.

Initial phone advice from our family law experts is always FREE, and it’s available outside office hours on weekday evenings and at weekends. So don’t hesitate – call us now.

• Just phone one of the following numbers for FREE specialist advice

SALISBURY [01722] 422300

AMESBURY [01980] 622992

ANDOVER [01264] 364433              

• Or email our team at advice@the-divorce-solicitors.co.uk or by filling out the contact form below

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