Brexit—children proceedings
Brexit—children proceedings

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

  • Brexit—children proceedings
  • Jurisdiction during the transition/implementation period (31 January 2020 to 31 December 2020)
  • Jurisdiction
  • Private children
  • Public children
  • Child abduction
  • Recognition and enforcement of orders
  • Jurisdiction after IP completion day (31 December 2020)

This Practice Note provides guidance on the implications of Brexit specifically in relation to children proceedings, including private children (non-financial), public children and child abduction proceedings and considers the position both during the transition/implementation period (31 January 2020 to 31 December 2020) and after the implementation period (IP) completion day (31 December 2020).

As of 31 January 2020, the UK ceased to be an EU Member State and will no longer participate in the political institutions and governance structures of the EU. However, in accordance with the transitional arrangements provided in Part 4 of the Withdrawal Agreement, exit day marks the commencement of an 11-month implementation period during which the UK will continue to be treated by the EU as a Member State for many purposes. See Practice Note: Brexit—introduction to the Withdrawal Agreement.

Under the current terms, the implementation period will run from 11 pm on 31 January 2020 (exit day) until 11 pm on 31 December 2020 (IP completion day). During this period, the UK must continue to adhere to its obligations under EU law (including EU treaties, legislation, principles and international agreements), and submit to the continuing jurisdiction of the Court of Justice of the European Union in accordance with the Withdrawal Agreement.

The European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020) implements the Withdrawal Agreement into UK domestic law and includes a range

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