ANNEX C: Detailed explanatory note for Part 1 of Schedule 1 Paragraph 17: EU and International agreements concerning children
870.Paragraph 17 refers to civil legal services in relation to private family law matters arising under international agreements. Cases are within scope for civil legal aid if following an application being made to the Lord Chancellor under the 1980 European Convention on Child Custody or the 1980 Hague Convention, or upon an application being made for recognition and enforcement under the relevant provisions of the 2003 Brussels Regulation, court proceedings are necessary.
871.Paragraph 17(1)(a) refers to civil legal services in relation to cases where an EU court decision relating to the custody of a child is to be recognised and enforced within England and Wales.
872.Paragraph 17(1)(b) refers to civil legal services in relation to an application made to the Lord Chancellor under the 1980 Hague Convention in an “incoming” case in relation to a child who is or is believed to be in England and Wales. This works on the principle of returning children who have been wrongfully removed or retained to their country of habitual residence so that any issue relating to the child’s custody can be determined by the courts of the country of habitual residence.
873.Paragraph 17(1)(c) refers to civil legal services in relation to the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility under the 2003 Brussels Regulation (known as “Brussels IIa”). These are cases about the recognition and enforcement in a court in England and Wales of a judgment made in a Member State. The judgments concern, for example, rights of access to children, the return of a child and practical arrangements for the exercise of rights of access.
874.Paragraph 17(3) provides full definitions of the Conventions and Regulation referenced in this paragraph and sub-paragraph (4) makes provision about when an application is “made to the Lord Chancellor” for the purposes of this paragraph.