Wednesday, May 08, 2013

Family Law Clinic: Does a Scottish contact order apply in England?

Scotland has a separate legal system to England and Wales: would a child contact order made by a Scottish court be recognised by a court in England and Wales?

The answer is that the order will be recognised, just as if it had been made by the court in England and Wales. The same would apply to pretty well any children order made anywhere in the UK - it would be recognised by the courts in any other part of the UK.

It should be noted, however, that the court 'recognising' the order cannot take steps to enforce the order unless the order has been registered in that part of the UK - so the Scottish contact order could not be enforced by the English courts unless it had been registered in England.

It should also be noted that, as with any contact order, the English court may prefer not to take enforcement action - see this post.

The above is, of course, only a brief summary of what can be a complex area. If you require further information or detailed advice, you should consult a specialist family lawyer.

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