It is important to establish whether the potential carer’s country of residence is in contractual agreement with the UK through The Hague Convention 1996*, which relates to the recognition and enforcement of court decisions between countries, as well as measures for the protection of children across borders. The status table to find out whether a country is a signatory to this agreement can be found here.
*The UK has now left the European Union and therefore Brussels IIa no longer applies in any care proceedings issued after 31 December 2020.
Where a country is a signatory to The Hague Convention 1996, it means there are systems in place for requesting information, and to register and enforce any orders made in the UK. Practitioners who were previously familiar with the Brussels IIa agreement should ensure they also are familiar with the The Hague Convention 1996 because although the agreements are similar, there are certain matters that are covered by one and not the other.
The assessor should ensure that as much information about the potential carer, local resources, and legal requirements for assessments and procedures for registering orders is requested as early as possible through the International Child Abduction and Contact Unit (ICACU). The ICACU’s application form and guidance to making an application can be found here.
Most countries have a Central Authority designated to facilitate the implementation and operation of international treaties and law. (In England and Wales, this is the ICACU). Central Authorities can provide necessary information to inform the assessment, such as whether the child can be relocated legally to that country, information about the potential carer and suggested wording for court orders to assist in placement of the child abroad. Even if the potential carer’s country of residence is not covered by the Hague Convention 1996, it is still important to contact the country’s embassy or Central Authority for information about the potential carer and what they can do to assist with the assessment.
It is also important to consider how police checks and health checks can be undertaken and how long these will take. The ICACU and Central Authority in the relevant country are likely to be able to provide information about this. It is also possible to request international police checks directly from the UK Central Authority for the Exchange of Criminal Records (UKCA-ECR).