Brexit—children proceedings
Brexit—children proceedings

The following Family guidance note provides comprehensive and up to date legal information covering:

  • Brexit—children proceedings
  • Current position
  • Position under the European Union (Withdrawal) Act 2018
  • Transition period
  • No-deal/no transition period
  • Practical issues
  • Other resources available in relation to Brexit

Currently, the UK applies EU rules to determine:

  1. which country’s courts hear a family law case raising cross-border issues with other EU countries (jurisdiction)

  2. which country’s laws apply (applicable law)

  3. how a judgment obtained in one EU country should be recognised and enforced in another (recognition and enforcement), and

  4. how cross-border legal procedural matters are handled (such as service or the taking of evidence in one country for use in proceedings in another)

A number of different EU instruments make up the current system. The UK also applies a number of international agreements because of its EU membership, which enable elements of civil judicial cooperation with non-EU countries, and is also a party to a number of international agreements independently of its EU membership. For further background on Brexit, see Practice Note: Brexit and family law. For practical guidance on the changes to be made to the Family Procedure Rules 2010 (FPR 2010), see Practice Note: Brexit—Family Procedure Rules 2010.

This Practice Note provides guidance on the implications of Brexit specifically in relation to children proceedings, including private children, public children and child abduction proceedings. It considers the implications of Brexit in relation to jurisdictional issues, evidence, service and the recognition and enforcement of orders in the context of children proceedings, both as to the current position and the position in the event