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Brexit: To Hell in a handcart: Episode two

Date:6 JUN 2016
Third slide
Queen's counsel

We two once again present our united voice for the UK remaining in the EU, in the best interests of families in a world – and particularly Europe – characterised by a degree of mobility undreamt of by earlier generations. For this second episode we have had the advantage of the words of wisdom from David Hodson, to which words we exercise (with appropriate decorum) our right of response in the spirit of debate. We also highlight some aspects of EU law which we consider to be of particular merit in promoting the interests of families in a mobile Europe.

A fundamental feature of EU legal system is the automatic recognition of orders throughout the whole family of Member States.This strong foundation underpins Brussels IIa, Brussels I Recast and the Maintenance Regulation. Each Regulation contains a chapter declaring a single scheme of recognition and enforcement of orders throughout the EU,whichever the Member State in which the order was made (subject to limited exceptions where for example principles of natural justice have been breached). The Regulations enshrine the principle of automatic recognition of orders in all Member States. The policy and political significance of this scheme cannot be too strongly emphasised: it reflects the mutual respect between Member States which is of the essence of the EU.

The full version of this article appears in the June 2016 issue of Family Law. 

Online subscribers can access the article here

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