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Cross Border Protection of Children

The Convention has uniform rules determining which country’s authorities are competent to take the necessary measures of protection. These rules, which avoid the possibility of conflicting decisions, give the primary responsibility to the authorities of the country where the child has his or her habitual residence, but also allow any country where the child is present to take necessary emergency or provisional measures of protection. The Convention also provides a structure for the resolution of issues of custody and contact which may arise when parents are separated and living in different countries. Furthermore, the Convention reinforces the 1980 Child Abduction Convention and the procedures within the Convention may be helpful in the circumstances unaccompanied minors find themselves into and issues of cross-frontier placements of children.

The Social Care Standards Authority has been delegated as the Central Authority for this Convention.

Cross Border Protection of Children is regulated through the following legislation:

  1. The Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children
  2. Minor Protection (Alternative Care) Act, Chapter 602 (not yet in force)


Applicati
on

There is no particular application to be used for cases falling under this Convention. The Central Authority prepares a covering letter together with the details of the request being made and any supporting documentation it may deem necessary. It then sends the request to the requested Central Authority depending on the country. Upon receipt, the requested Central Authority may require further documentation to be sent.