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Recognition of foreign contact and residence orders
Across Europe, contact orders made in one country’s family court will be automatically recognised in the family courts of another EU country. The law is Brussels II bis.
There are certain requirements concerning the order that was made, such as notification to the relevant parties and the opportunity to be heard. The child must also have to have had to opportunity to be heard, which is differently interpreted across Europe.
The order then has to be certified by the judge, translated and is then sent to the other family court and enforced as if an order of that other court.
Residence orders are not automatically recognised in the same way but steps can be taken to reduce the duplication of procedures between courts in Europe.
Outside Europe, there is not the similar mechanism and more often it is necessary to obtain a new order in the other country. This can be a long and frustrating process as the other country can reach a different outcome based on different priorities and different laws. For this reason iFLG highly recommends the making of mirror orders wherever possible.
