Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
New complaints handling guide offers advice to local authorities
The Local Government and Social Care Ombudsman is today issuing new guidance on effective complaint handling for local authorities.Based on previous documents, the new guide offers practical,...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Family Law Awards winners announced in virtual awards ceremony
The winners of the Family Law Awards 2020 were announced at 4pm during a much-anticipated virtual awards ceremony. Over the past ten years, the Family Law Awards has recognised the leading players in...
Behaviour-based divorces still merit close consideration
Some recent cases illustrate the evidential and procedural issues involved in dealing with proofs on the merits of divorce, which are worth considering even though most cases may conclude on a...
HM Courts & Tribunals Service confirms 2020 Christmas and new year closure dates
HM Courts & Tribunals Service (HMCTS) has confirmed the dates over the Christmas and new year period in which Crown Courts, magistrates’ courts,...
View all articles
Authors

Some reflections on the options for dealing with international family law following Brexit

Sep 29, 2018, 19:49 PM
brexit, family law, brussels IIA, family law, children, domestic legislation
The object of this article is to consider whether, in the context of international family law, we should simply pull out of these EU instruments and – to answer that – consideration needs to be given as to what alternative provisions could be deployed and to whether those alternatives would be as good as the EU rules.
Slug : some-reflections-on-the-options-for-dealing-with-international-family-law-following-brexit
Meta Title : Some reflections on the options for dealing with international family law following Brexit
Meta Keywords : brexit, family law, brussels IIA, family law, children, domestic legislation
Canonical URL :
Trending Article : Yes
Prioritise In Trending Articles : Yes
Date : Apr 4, 2017, 02:33 AM
Article ID : 114016
If the UK were to exit from the European Union by, as some have suggested, a simple repeal of the European Communities Act 1972 the headline casualty, so far as family law is concerned, would be that the UK would cease to be a party to the revised Brussels II Regulation (Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility) (‘Brussels IIA’). But that would not be the only casualty – all other Regulations (not backed up by domestic legislation) would fall and, in the family law context, that would mean that the UK would cease to be a party to: the EU Evidence Regulation 2001; the EU Service Regulation 2007; the Protection Measures Regulation 2013, and the EU General Data Protection Regulation 2016. Another important casualty would be European Maintenance Regulation 2008. A less obvious casualty (for the reasons explained below) might be that the UK would cease to be a Contracting State to the 1996 Hague Convention on the Protection of Children (the Hague Protection Convention). On a more general level, the Charter of Fundamental Rights of the European Union would cease to apply to the UK and the UK judiciary would cease to be part of the European Judicial Network (EJN).

An alternative strategy potentially espoused by ‘the Great Repeal Bill’ is for the 1972 Act to be repealed but to preserve the current EU rules as part of UK domestic law, the so-called ‘unilateral option’. This would still have the consequence the UK pulling out of the above mentioned instruments in the international co-operative sense, albeit that the UK would continue to apply them unilaterally.

A different strategy is for the UK to seek to be bound entirely or with some modifications to some or all of the above mentioned instruments.

The object of this article is to consider whether, in the context of international family law, we should simply pull out of these EU instruments and – to answer that – consideration needs to be given as to what alternative provisions could be deployed and to whether those alternatives would be as good as the EU rules. If they are not, how can the UK safeguard its citizens?

The full version of this article appears in the April 2017 issue of Family Law. 

Online subscribers can access the article here.

For details on how you can subscribe to Family Law or any other titles, please contact the LexisNexis customer services team: Tel 0330 161 1234, or email: customerservices@lesisnexis.co.uk
Categories :
  • Articles
Tags :
Brexit_jigsaw
Authors
Provider :
Product Bucket :
Related Articles
Load more comments
Comment by from