In this Brexit update Eleanor Moodey addresses the practical issue of future dilemmas for international families
- Interactions with the CJEU for international family law are, and will continue to be, extensive.
Ever since the announcement of the Brexit vote, and the triggering of Article 50 on 28 March 2017, lawyers and politicians have been debating what the impact will be for those areas of UK law currently created by and enmeshed with EU Treaties, Regulations and Directives. The implications for businesses and the economy have dominated both political and press coverage. Family lawyers were therefore hopeful that the publishing of the Government paper on cross-border judicial cooperation on 22 August 2017 would provide some clarification
The Government’s paper
The paper’s stated aim is for continued co-operation following Brexit between the UK and the remaining 27 EU member states.
Whilst the aim is laudable, and surely one with which everyone can agree, the fact is that, without alternative legal arrangements in place, the EU Regulations will cease to be directly applicable and reciprocity under the EU legal framework
