Q&As

Can a parent who lives outside the UK with the child make an application under Schedule 1 to the Children Act 1989 where the non-resident parent lives in England and Wales? What are the potential implications of Brexit on such an application?

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Produced in partnership with Marisa Allman of The 36 Group
Published on LexisPSL on 14/11/2019

The following Family Q&A produced in partnership with Marisa Allman of The 36 Group provides comprehensive and up to date legal information covering:

  • Can a parent who lives outside the UK with the child make an application under Schedule 1 to the Children Act 1989 where the non-resident parent lives in England and Wales? What are the potential implications of Brexit on such an application?

Can a parent who lives outside the UK with the child make an application under Schedule 1 to the Children Act 1989 where the non-resident parent lives in England and Wales? What are the potential implications of Brexit on such an application?

The jurisdiction of the courts to deal with applications for maintenance for the benefit of children is set out in Schedule 1 to the Children Act 1989 (ChA 1989) at para 14.

At present, ChA 1989, Sch 1, para 14 provides that jurisdiction of the UK courts is defined by the EU Maintenance Regulation (Council Regulation 4/2009). Specifically, Article 3 of the EU Maintenance Regulation provides that:

‘In matters relating to maintenance obligations in Member States, jurisdiction shall lie with

(a) the court for the place where the defendant is habitually resident, or

(b) the court for the place where the creditor is habitually resident, or

(c) the court which, according to its own law, has jurisdiction to entertain proceedings concerning the status of a person if the matter relating to maintenance is ancillary to those proceedings, unless that jurisdiction is based solely on the

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