Brexit: the road ahead for children’s proceedings

Eleri Jones 1GC Family Law

Eleri Jones summarises the key implications of Brexit in relation to children’s proceedings. The article explains the correct approach to take depending on whether the ‘new’ or ‘old’ regime applies and the effect of the Withdrawal Agreement in respect of jurisdiction competing proceedings and recognition and enforcement. Eleri explains some of the important differences between the old Brussels IIa regime and the new system under the 1996 Hague Convention. She highlights areas where there is uncertainty and where questions arise concerning the interpretation and application of the Withdrawal Agreement and the 1996 Hague Convention and points to look out for in new cases going forwards.

The article looks at the implications of the conceptual change from a system of perpetuatio fori under Brussels IIa to one where jurisdiction is lost when habitual residence changes even mid-proceedings and associated considerations within the 1996 Hague Convention. The article also notes changes for practitioners to be aware of including the loss of a free-standing ability to agree jurisdiction the potential increased relevance of the applicable law provisions and the differences in the approach...

Read the full article here.