ADVOCACY & POLICY · FLAGSHIP CAMPAIGN
Cross-Border Access to Justice
A person’s ability to protect themselves from abuse should not depend on whether they can afford a lawyer thousands of miles away.
People experiencing cross-border abuse can face an unusual access-to-justice problem. The country where they live may recognise their vulnerability and provide access to domestic legal support, yet the court that has jurisdiction over their child, property, immigration situation, employment relationship or another vital issue may be in a different country altogether.
This can leave someone having to finance and navigate an unfamiliar foreign legal system at precisely the moment when they may already be experiencing abuse, coercion, economic pressure or separation from something they are trying to protect. Tied Across Borders believes meaningful protection should not disappear at the border.
“Why should someone lose meaningful access to justice simply because the person abusing them — or the court with jurisdiction over their case — is in another country?”
When the decisive court is in another country
This can happen when a child lives or is habitually resident abroad; family proceedings must take place in another jurisdiction; the person exercising control lives abroad; jointly owned property or relevant assets are overseas; an employer or recruiter is located abroad; immigration or residency proceedings concern another country; stalking or harassment spans jurisdictions; or a protective or enforcement process must take place abroad.
What people can suddenly face
- finding a trustworthy foreign lawyer
- understanding an unfamiliar legal system
- communicating in another language
- international legal fees
- translations
- certifying, notarising or legalising documents
- court or administrative fees
- international service of documents
- expert evidence
- international travel or remote hearings
In some cases, a person may qualify for legal assistance where they live but find it does not follow them to the country where proceedings take place. Arrangements vary between countries and case types. The practical result can be rights in theory that cannot be afforded in practice.
When one person is local and the other must fight from abroad
Cross-border cases can create an additional financial and practical imbalance created by geography and jurisdiction — not necessarily by anyone acting improperly.
For someone who has been abused, harassed or threatened, being required to travel to the abuser’s country for court proceedings is not only expensive. It can also be dangerous and deeply distressing, with no guarantee of their safety while they are there.
One party may
- understand the local language
- know the legal system
- live near the relevant court
- have easier access to lawyers
- have local family or community support
- attend proceedings relatively easily
The person abroad may have to
- identify and assess lawyers remotely
- communicate across time zones
- pay translation costs
- legalise foreign documents
- travel
- deal with currency differences
- navigate unfamiliar procedures
- fund everything without legal aid from their home country
What could change?
Tied Across Borders intends to research and advocate for practical mechanisms that make cross-border legal protection genuinely accessible. These are proposals to investigate — none of them currently exists as a Tied Across Borders service or fund.
An International Access to Justice Fund (proposal)
Explore public, philanthropic or partnership-funded assistance for qualifying people who must obtain legal representation in another country because of abuse, coercion, safeguarding concerns or exploitation.
Subsidised overseas legal representation
Means-tested support towards vetted lawyers in the jurisdiction where proceedings need to take place.
Reciprocal legal-aid arrangements
Research whether countries could develop agreements allowing qualifying legal assistance to follow people across borders in certain abuse or safeguarding cases.
Translation and interpretation funding
Support for document translation, certified translations, interpreters and necessary language assistance.
Document and administrative costs
Potential support for notarisation, apostilles or legalisation, certified copies, international document delivery and relevant court fees.
Travel assistance
In exceptional circumstances, help where physical attendance is necessary for proceedings relating to safeguarding, abuse or another serious matter.
Better consular signposting
Clearer routes from embassies and consulates to vetted lawyers, recognised support organisations, local legal-aid mechanisms and safeguarding support — without consulates being expected to judge individual cases.
Recognition and enforcement of protection
Research how protective measures can work better when the person seeking protection and the person exercising control are in different countries.
Urgent mechanisms for children and safety
Explore whether faster routes are needed when delay could affect child welfare, family contact, personal safety, immigration status, housing or the ability to leave an abusive situation.
Access to justice should follow the person who needs protection — even when the relevant courtroom is in another country.
Cross-border cases should not create a system in which somebody can afford protection only if they happen to live in the same jurisdiction as the court deciding their case. Geographical distance can already increase vulnerability. It should not also price people out of justice.
Get involved
Have you had to pay for legal proceedings in another country because of an abusive or coercive cross-border situation? We want to hear about your experience. Please do not send court documents or evidence.
Information on this page describes research priorities and proposals for reform. It is not legal advice and does not describe existing law in any country.