Brexit—taking of evidence in family proceedings
Produced in partnership with David Salter, deputy High Court judge and Recorder
Brexit—taking of evidence in family proceedings

The following Family practice note produced in partnership with David Salter, deputy High Court judge and Recorder provides comprehensive and up to date legal information covering:

  • Brexit—taking of evidence in family proceedings
  • Taking of evidence in the EU during the implementation period
  • Taking of evidence in the EU on or after 1 January 2021

This Practice Note sets out the implications as to the taking of evidence in the EU in relation to family proceedings as a result of Brexit and considers the position both during the transition/implementation period (31 January 2020 to 31 December 2020) and after implementation period (IP) completion day (31 December 2020).

The taking of evidence from parties or witnesses abroad may be required in the course of proceedings. Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between courts of the Member States in the taking of evidence in civil or commercial matters (the Taking of Evidence Regulation) provides a cross-border intergovernmental service for the taking of evidence as between EU Member States.

As of 31 January 2020, the UK ceased to be an EU Member State and no longer participates 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 of October 2019, exit day marked the commencement of an 11-month implementation period during which the UK continued to be treated by the EU as a Member State for many purposes. See Practice Notes: Brexit and family law and What does IP completion day mean for family law?

The implementation period ran from 11 pm on 31 January 2020 (exit day) until 11 pm on 31 December 2020

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