Cross-border protocol signed for exchanging child information

A new judicial protocol providing for the direct exchange of information between judges in cases concerning children where the courts of both Scotland, and England & Wales, are involved, was signed today.

Lord Carloway, Lord President and head of the Scottish judiciary, and Sir James Munby, President of the Family Division in England & Wales, put their names to the document, which will allow for the prompt exchange of key information about any existing proceedings, and the legal options available to the court in each jurisdiction.

The protocol, which takes effect immediately, is intended to ensure that cases with a cross-border dimension are dealt with promptly and efficiently.

It formalises arrangements which have been in place for some time between the senior family law judges in the Court of Session and the Royal Courts of Justice. Under the protocol, a judge dealing with a cross-border case will be able to make a request for information to the designated liaison judge in his own jurisdiction, who in turn can seek information from his opposite number. Judges should be able to establish what is happening in the alternative jurisdiction – for example whether proceedings have been raised, what orders have been granted, and what remedies are available.

The liaison judge is directed "to provide for relevant cases, clear lines of communication and the free flow of relevant information to facilitate effective case management of those cases".

The protocol was drafted by a group of senior family law judges from both sides of the border. A supplementary handbook, with chapters provided by Scottish and English QCs, will provide judges with a short summary of the law relating to children in Scotland, England and Wales.

Lord Carloway commented: "This is a valuable initiative which will help to ensure that cross-border cases involving children are dealt with effectively and without delay."

Click here to view the protocol, and here for the handbook.