Criteria for admission to ICACU Referral List 

The ICACU, working in collaboration with the Law Society and others, introduced a scheme for accreditation of solicitors dealing with international child abduction work.  It is the intention that the criteria for being added to the list should be transparent, and should demonstrate that both the firm and the individual solicitor should have the resources and competencies required for this demanding work.

Criteria for admission of additional firms of solicitors to Child Abduction Referral List as of 23 August 2011:

The firm:

• confirms, (and if requested provides sufficient detailed information to justify that confirmation) that it has the resources and infrastructure in place to enable it to handle urgent High Court litigation in London;
• provides an undertaking to notify the Unit forthwith of any relevant changes, including a change in the identity of the solicitor or solicitors conducting or supervising child abduction cases; and 
• has the appropriate contract with the Legal Services Commission to deliver child abduction work in accordance with the Funding Code and the Access to Justice Act.

The solicitor (or solicitors) in the firm who will conduct or supervise the conduct of child abduction matters is (are):

• either (a) a member of the Law Society Family Law Panel (Advanced) having taken the Child Abduction and Wardship optional component; or (b) is a Resolution Accredited Specialist who has successfully completed the Child Abduction Specialist Portfolio; and
• has acted (or assisted) in at least 2 incoming Hague return cases in the High Court (either for claimant or defendant) which have proceeded to final judgment. the expectation is that any cases relied on for the purposes of meeting this criteria will have been undertaken within the last 24 months.

The above information should be provided to the unit in writing and if all the above criteria are met, the firm will be added to the existing referral list.

Solicitors who are members of the referral list are expected to accept referrals in relation to:

• Article 12 of the Hague Convention on the Civil Aspects of International Child Abduction
  1980 (incoming Hague return cases)
• Article 21 of the Hague Convention on the Civil Aspects of International Child Abduction
  1980 (incoming Hague access cases)
• Articles 39, 41 and 42 of Council (EU) Regulation 2201/2003 concerning jurisdiction and
  the recognition and enforcement of judgments in matrimonial matters and the matters of
  parental responsibility (enforcement under Brussels II bis) and
• The European Convention on Recognition and Enforcement of Decisions Concerning
  Custody of Children and on Restoration of Custody of Children (enforcement under the
  European Convention).
  

If you have any questions regarding the criteria, please do not hesitate to contact the unit.