Parental responsibility
Cooperation in matters of parental responsibility
Moving abroad in today’s globalised world is not a factual problem, but it may cause legal complications in the future. Living abroad is not just about a new environment, language, customs and culture. It is very important to understand that each State has its own legal system and any person who chooses to live in a foreign State must respect its laws and jurisdiction. If someone fails to comply with regulations or violates laws of the State in which they live, this may result in serious consequences not only for that person, but also for their family and their surrounding area.
Parents who are considering moving or who have moved abroad should at least take into account the following:
- you must obey the law of the State where you will live;
- you will fall under local child protection standards and local social support system. Parents of minors should learn in advance about the State’s child welfare law and local practices. Foreign social authorities may assess the upbringing, parenting practices and child development more strictly.
- you will have to deal with the child’s health care, insurance or schooling – each system has different free and paid services;
- you have to understand that the child’s effective residence will generally establishe the State jurisdiction of courts – when it comes to custody modifications, maintenance obligation, ordered child removal or foster care.
CIPC carries out tasks in order to secure a cross-border administrative and legal assistance in matters relating to international child custody and to cooperate in the collection and exchange of information relevant to the parental responsibility proceeding.
Central Authorities work on the basis of requests made by their partner agencies in other Member States, or requests made by competent authorities, courts or individuals or organisations with parental rights and responsibilities, in order to achieve the objectives stated by international law.
This international cooperation aims to ensure the effective protection of children and exchange of information between the competent authorities in each specific case, i.e. authorities such as social authorities and courts.
CIPC supports the exchange of information in cases involving EU Member States (except Denmark), in particular on:
- cross-border collection of reports on the social situation of a child and child’s environment;
- support in adopting measures to protect the child’s person or property;
- exchange of information on pending proceedings or decisions in respect of the child or other information relevant to parental rights proceedings.
Child placement in another Member State
If the competent courts or authorities (e.g. social authorities) intend to place a child in other than parental custody in another Member State (except Denmark), a consultation procedure must be carried out in accordance with Article 82(1) of Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction and the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility and international child abduction (recast). This procedure requires the involvement of the authorities of the State where the child is to be placed (the receiving state). The request must be sent to the central authority of the receiving State through the central authority of the requesting State.
Similarly, if the placement (especially into institutional care or foster care) is to be made in a Non-Member State who is a party to the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of the Child, the prior consent of the Receiving State must always be obtained. Such request for a consent is not mandatory to go through CIPC, but is nevertheless recommended.
More information on cross-border child placement within the EU
More information on cross-border child placement within Contracting States to the Convention