Enforcement of contact / access
I You have existing contact orders I You do not have existing contact orders I Outside the European Union but within Europe I Outside EuropeWithin the European Union
From 1st March 2005 some British orders dealing with parental responsibility, including contact with children, are enforceable throughout the European Union with the exception of Denmark. The legislation which applies is Council Regulation (EC) No 2201/2003 and is commonly referred to as Revised Brussels II. It is also known as Brussels II bis or Brussels II(a). If the order you are seeking to enforce was made in proceedings commenced after 1 March 2005 it will be directly enforceable throughout the European Union (other than Denmark).
If the order was made in proceedings commenced prior to that date it may be enforceable under the transitional provisions of the Regulation. These are set out in article 64 of the Regulation. Orders made in Scotland and Northern Ireland are also covered by the Revised Brussels II Regulation. Orders made in Scotland and Northern Ireland are also covered by the Regulation.
If the order was made in proceedings commenced prior to that date it may be enforceable under the transitional provisions of the Revised Brussels II Regulation. Orders made in the Crown Dependencies and the Overseas Dependant Territories are not covered by the Revised Brussels II Regulation.
You have existing contact orders
If the orders were made in proceedings commenced after 1 March 2005 you will be able to enforce those orders in the European Union country other than Denmark, in which your child is living, under the Revised Brussels II Regulation. You will need to obtain a certificate in accordance with annexure III of the Regulation from the court which issued the orders. You should contact your solicitor or the ICACU.
If the orders were made in proceedings commenced prior to 1 March 2005 the orders may still be enforceable under the transitional provisions of the Revised Brussels II Regulation. You should contact your solicitor or the ICACU to discuss the circumstances.
If the orders are not enforceable under the Revised Brussels II Regulation, you may be able to register the orders in the country in which your child is living under the European Convention.
You do not have existing contact orders
You may be able to make an application under Article 21 of the Hague Convention. You should seek advice from the ICACU, especially if you are also pursuing a Hague Convention return application as it is important to ensure that nothing you do could be understood to be acquiescence to the child remaining in the country to which they have been taken.
Outside the European Union but within Europe
Although the Revised Brussels II Regulation came into force on 1 March 2005, the European Convention remains in force and continues to apply between the United Kingdom and member countries outside the European Union but within Europe. The Convention works on the principle of the mutual recognition and enforcement of orders made in the contracting states. Accordingly, there must be in existence an order of a court or other authority with the necessary jurisdiction in a European Convention country, which can be recognised and enforced in the requesting state.
Outside Europe
There are no provisions for enforcing access/contact orders between the United Kingdom and countries outside Europe. Enforcement may be possible in some countries under article 21 of the Hague Convention. See section on contact with your child outside the European Union in a Hague Convention country. It is not usually possible to register British orders in overseas countries including Commonwealth countries.