Transnational family life, migration, and cross-border relocation are increasingly common. While cross-border child protection, or the need to secure the well-being of children in cross-border situations, is not a new phenomenon, the field of transnational child protection has remained under-researched. Although international child abduction is a widely covered topic in research, cross-border child protection cases have received far less attention.
“From the perspective of families and children, transnationality is still not fully understood, and its conceptualisation in research in the fields of law and social work remains inadequate,” Associate Professor Sanna Mustasaari says.
According to her, better understanding is needed because transnationality may affect the situation of a family in various ways. For many families, transnationality is a resource, a positive and important part of their life, but sometimes transnationality may enforce power imbalances and enable or escalate abuse. Transnational family situations can be complex and fall into a grey area where it is not always clear which authority is responsible for providing services to or assessing the needs for services of the child and the family.
“There is often uncertainty among different authorities about who is responsible for assessing the safety and well-being of children in situations where families and children move across borders.”
Mustasaari was appointed as an Associate Professor at the Law School in the summer of 2024. She has studied transnational child protection in several research projects, including the Children Abroad: A Relational Analysis of Finnish Child Protection and Welfare in Transnational Contexts (CARELA), funded by the Research Council of Finland. In the Transnational Child Protection - Knowledge and Service Paths for Social Work project (SUOJATIE), Mustasaari led UEF’s part in the research consortium. She also led the Transnational Childhoods, Transnational Rights? Nordic Responses to Global Challenges in the Field of Child Protection network, funded by the Joint Committee for Nordic Research Councils in the Humanities and Social Sciences (NOS-HS).
“There is often uncertainty among different authorities about who is responsible for assessing the safety and well-being of children in situations where families and children move across borders.”
Sanna Mustasaari
Associate Professor
Training and guidelines for social workers on transnational child protection
A need for information on transnational child protection in the field of social work was noticed in training sessions conducted within the SUOJATIE project. The project has since organised training for child welfare social workers and other professionals working with children and families. Another goal has been to prepare guidelines on transnational child protection for the Finnish Handbook for Child Protection, which is aimed at child protection professionals.
“It is important for social workers to be familiar with the regulations concerning their authority and to understand how they can and should act in different situations.”
Situations involving transnational child protection are often diverse. For example, child protection may be evaded by fleeing abroad when the family’s and social workers’ views on the problems and needs for support do not align. Additionally, families’ experiences of exclusion and racism may contribute to their lack of trust and reluctance to seek support.
Room for improvement in collaboration between authorities
Studies have shown that there is room for improvement when it comes to collaboration between different authorities.
“For instance, we should think about how the flow of information between different authorities could be improved, and how different authorities could get a more comprehensive idea of the scope of people affected by situations involving transnational child protection. There is also work to be done in coordinating collaboration.”
There is also room for improvement in international collaboration between authorities. For example, in cases of parental child abduction, it is not smooth with all countries. The best chances for successfully initiating a return procedure are with countries belonging to the European Union and observing the Hague Convention.
“Collaboration with countries outside the convention is very difficult.”
It would also be good to develop proactive models for situations involving transnational child protection. In Sweden, for example, it is possible to decide, as part of a child protection decision, that a child may not leave the country for a certain period of time. Mustasaari does not take a stance on whether this should be introduced in Finland as well, but more effective means to help children should be considered.
“In Finland, for example, preventive policing has played an important role in preventing honour-related violence and building trust between communities. It is unfortunate if the resources of preventive policing are reduced, as has happened, for example, in Helsinki, the capital city of Finland. Effective models of preventive work were developed, and a vast amount of tacit knowledge and networks created. Such knowledge and networks are not easily recovered.”
More comprehensive research on transnationality is needed in Finland
According to Mustasaari, Finland has taken a piecemeal approach to transnationality, which has been evident in the reform of the country’s marriage law, for example.
“The thought has been that by tightening regulations on the recognition of a foreign marriage, honour-based violence and forced marriages can effectively be prevented. At the same time, the full impact of transnationality has not really been understood, nor has there been a consideration of how to improve the safety net in situations where children and families live transnationally.”
The other Nordic countries have studied the phenomenon more comprehensively and, according to Mustasaari, similar approaches are needed in Finland, too.
“When issues rise to the agenda for decision-making, we can properly consider which solutions would be effective. This would also be a good opportunity for authorities to think about improving their practices and flow of information.”
From the perspective of law and welfare, we see social sustainability stemming from societal resilience.
Sanna Mustasaari
Associate Professor
University of Eastern Finland is a pioneer in research on law and welfare
At the University of Eastern Finland, Mustasaari’s associate professorship pertains to the focus area of law and welfare, and civil law. Research on law and welfare is particularly emphasised as a strength of the UEF Law School, and the Center of Law and Welfare is nationally and internationally unique. In recent years, sustainability-related issues have also emerged as a new theme in the field’s research.
“The sustainability crisis, which is a polycrisis involving economic, social and environmental aspects, affects the groups I study. From the perspective of law and welfare, we see social sustainability stemming from societal resilience. That is, by protecting our children and youth as well as aging individuals, we cater to our future structures of wellbeing and care, labour markets, and the idea of an inclusive social contract.”
Besides doctrinal legal studies, Mustasaari believes that theoretical, empirical and socio-legal research is needed to understand the phenomena that legal doctrine aims to address. On this front, the Law School at the University of Eastern Finland has played a pioneering role.
