Brexit will have an impact on International Child Abduction Law in the jurisdiction of England of Wales. The key legal provision for cases between EU member states will no longer be applicable to the UK. The provision is referred to as Brussels II Revised and takes precedence in International Child Abduction Law, divorce and child custody cases.
Is there a need to be worried…
No, this should not cause significant change in terms of how it will impact on people seeking legal recourse as the 1996 Hague Convention will still be applicable to the jurisdiction of England and Wales as the UK are contracted to the Hague Convention, as are the rest of the EU Member States.
The Hague Convention 1996 in respect of child abduction applies to the countries in the world that are signed up to it including but not limited to, the EU members states, USA, Australia and Denmark.
The Hague Convention 1996 is very similar to Brussels II Revised but has not been utilised greatly up until now, but it seems with the exit from the EU this is likely to change. It is comforting to know that the rules of recognition and enforcement are similar under the 1996 Hague Convention to Brussels II Revised so it can be used between an EU Member state and the UK in a case where custody or access in relation to a child is required to be recognised and enforced in the other country.
If you require assistance in an international family law matter then please contact Catherine Roblin on 01446 721000 or firstname.lastname@example.org.