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Child Abduction and Brexit

© Copyright LexisNexis 2024. All rights reserved.
Date:28 MAY 2020
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Hilary Lennox

The UK has left the EU and is now going through a transitionary period. This is due to last until December 2020 and may be extended however nobody knows for sure yet.

Brussels IIa Regulation (dealing in this section of the movement of children within the EU) unfortunately will no longer apply post the transition period. The Child Abduction Custody Act 1985 brought the 1980 Hague Convention on the Civil Aspects of International Child Abduction into the law of England and Wales.

The UK will rely now on the 1980 Hague Convention and 1996 Hague Convention losing therefore some protective provisions enjoyed in Brussels II which I will deal with below.

The main differences with losing Brussels IIa after the transition period are:

Six weeks time frame
Brussels IIa expressly requires that child abduction cases be dealt with expeditiously within six weeks save for in exceptional circumstances. The 1996 Hague Convention does not contain such a provision. Most courts may take the view that it is within the best interests of the child to deal with the matter swiftly however this is not set out in legislation anymore. There is concern...

Read the full article here.

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