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Family analysis: In a conclusion to a two-part analysis, David Hodson OBE, partner and co-founder of The International Family Law Group LLP, sets out his views on the implications of a departure from the EU for family lawyers and their clients.
What are your key concerns about a future EU referendum?
Like many, I would like to see a serious review of the powers, authority and direction of law-making of the EU as a preliminary to the referendum. Of course family law is only one element, however it is very much a microcosm of many other issues and differences felt by the legal profession and the public. Certainly there is much which is good but there must be a significant pulling back of the ambitions and overarching global aims of the EU in its legislation. The worry must be that with somany other difficult areas of social, commercial, legal and political life in our relationship with the EU, family law issues are perceived as minor and not discussed in the pre-referendum negotiations with the EU. My concern is that the EU refuses any real concessions on these issues.
My personal position, which may not be the position of others in my practice as we have no firm wide policy, is that I believe that there has been a lot of good emanating from the EU family law but it has gone much too far. I hope from the EU there will be valid and effective concessions and self-imposed restraints on powers and global ambitions to make it easier in deciding how to vote.
What are the areas of family law affected by the EU involvement? What would happen if there was a departure after the referendum?
Consideration would need to be given to what pieces of law we would not have if there were a departure from the EU and how might we get on without them? I am presuming that we would still stay in some European
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