Decisions on the transfer of jurisdiction – Articles 8 and 9
Articles 8 and 9 of the convention allow for the transfer of jurisdiction to an authority in another contracting state in certain situations, such as placement cases, for example.
Under these Articles, jurisdiction to take decisions on protection measures for a child can be transferred to an authority in another state if this is in the best interests of the child and if the authorities of both states agree. This could concern jurisdiction to take a decision regarding for example placement outside of the home. Jurisdiction can be transferred to the authorities in another state if, for example, the child is a citizen of that state, or if the child has a substantial connection to that state, for example, because the child has family there.
Article 8 allows the authority who has jurisdiction to approach an authority in another state and request that they assume jurisdiction. The authority of the state receiving this request can only assume jurisdiction if the authority considers this to be in the best interests of the child.
Similarly, Article 9 allows the authorities in a state other than the state of the child’s habitual residence to request the competent authority in the state of the child’s habitual residence to allow that the authorities in the requesting state be authorised to assume jurisdiction. The authority requesting to assume jurisdiction may only begin to process the case once the competent authority in the country of the child’s habitual residence has accepted the transfer of jurisdiction to the authority concerned.
The above-mentioned rules on the transfer of jurisdiction require collaboration between the authorities involved to a wide extent, including through the exchange of views. Read more about the exchange of information below.
In Denmark, it is the municipalities that handle requests for the transfer of jurisdiction in placement cases and make the necessary decisions when a child has arrived to and attained legal residence in Denmark.
Decisions to make, accept or reject a request to assume jurisdiction in a placement case are made by the municipality. This is a decision within the meaning of the Danish Public Administration Act, why the general rules on party hearings and similar must be observed. The municipality’s decision can be appealed to the Danish Social Appeals Board by persons and authorities with a legal interest in the case. The Ministry can provide further guidance on the general rules for the transfer of jurisdiction in placement cases.