In the second article in a series of three, David Burrows considers the implication of Brexit on children’s rights & parent’s remedies
- Uncertainty over children’s rights after EU withdrawal.
- Parents’ rights and loss of requirements for co-operation between EU courts over each other’s court orders.
- Contrast between children’s present rights in EU law, and under English common law.
Part 1 in this series looked at children’s rights to be parties to family proceedings (see ‘Child’s play (Pt 1)’, NLJ , 28 April, p 10). This article looks at what rights children may lose, and what rights may be lost to their parents, with UK’s impending withdrawal from the EU. These questions will be looked at in two particular contexts: a child’s rights under Charter of Fundamental Rights of the European Union (2000/C 364/01) (the Charter); and under Council Regulation (EC) No 2201/2003 of 27 November 2003 Concerning Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and in Matters of Parental Responsibility (Brussels IIA). Both will go when UK leaves the EU (the position with child abduction
