With a growing trend of separated parents relocating to different countries, often driven by job opportunities or cost of living pressures, many families increasingly find themselves spread across international borders. When this happens, parents must consider arrangements that facilitate regular contact with both parents, including regular contact with the parent living abroad. In situations where both parents live in different countries, mirror orders can play an important role in supporting contact.
What is a mirror order?
A mirror order is a court order made by one country that reflects the terms of an existing order made in another country. It does not change the previously agreed arrangements. Instead, it “mirrors” the original court order so that the arrangements are formally recognised by the courts in both countries.
Mirror orders are generally used where parents have already agreed contact and living arrangements or a family court has made an order in proceedings, and a child lives in a different country from one of their parents.
When should I consider a mirror order?
Once both parents have reached an agreement or the court has made a final decision on the child arrangements and this has been recorded by a court in a child arrangements order, you should then consider whether a mirror order is necessary to ensure those arrangements are upheld in the country where the other parent lives.
Mirror orders are commonly advised where:
- One parent lives abroad or plans to relocate with a child;
- A child spends extended periods of time in another country;
- There are concerns about compliance with the order overseas; and
- There is a risk of unilateral action, such as failure to return the child after contact.
In these situations, a mirror order helps bridge the gap between jurisdictions. It ensures that the courts in the second country will recognise and, if necessary, enforce the arrangements of the original order.
How do the courts make mirror orders?
Before making any order, the court must be satisfied that it has jurisdiction. This is usually based on where the child normally lives (known as their habitual residence).
The Role of International Law: The 1996 Hague Convention
If you wish to have your order mirrored in another country, the court will also consider the international legal framework that applies. One of the most important is the 1996 Hague Convention on the Protection of Children, which operates between countries that are signatories to it. The Convention provides that child protection measures made in one contracting country should be recognised in other contracting countries.
However, not all countries are signatories to the 1996 Hague Convention or part of other reciprocal enforcement regimes. For example, China, Pakistan, the UAE, Kenya and Malaysia are not signatories. In these countries, there is no automatic obligation on the courts to recognise or enforce a Child Arrangements Order from another country.
See the contracted countries of the 1996 Hague convention.
This does not mean that mirror orders are impossible in non-signatory countries. Courts in England and Wales can still make mirror orders as a matter of judicial cooperation and practicality. However, enforcement abroad will depend on the practice of the other country. In these cases, legal advice is essential as obtaining and enforcing an order can be more complex.
If a foreign order needs to be enforced in England and Wales while a child is present here, an application may also be made under the Family Law Act 1986. In these circumstances, the English court will not usually reconsider the merits of the original decision and will simply focus on enforcement. That being said, the court must always keep the child’s welfare at the forefront of its decision making, and will intervene if enforcement would place the child at risk.
What does this mean for you?
If you are making arrangements for your child that involve more than one country, it is important to understand how those arrangements can be recognised and enforced overseas.
If both countries are signatories to the 1996 Hague Convention, it is usually easier for child arrangements order to be recognised and enforced across borders. If the other country is not a signatory, enforcement can be more difficult. If an English court order is not automatically recognised in another country, you will likely need to take additional legal steps in the second country’s local court.
Important case law
The courts have emphasised that mirror orders are intended to support, not replace, the court of the child’s home country.
In Re P [2000] 1 FLR 435, the High Court confirmed that it is appropriate for English courts to make mirror orders as a matter of comity and common sense, provided applications are handled carefully. The court also noted that such orders typically take effect only while the child is present in England and Wales.
In Re W [2011] EWCA Civ 703, the Court of Appeal made clear that applying for a mirror order does not shift jurisdiction away from the country where the child lives. A mirror order must simply reflect the original order; it cannot be used to invite the English court to take over decision‑making responsibility.
How can Moore Barlow help
Our experienced Family and Divorce lawyers are able to assist and support our clients through international child arrangement’s issues through advising on jurisdiction, drafting orders, and guiding clients through the process to reduce uncertainty and protect the child’s welfare.
