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AS January 31, 2020 brought one of the Britains biggest constitutional changes for generations, the implementation period that follows will determine the impact of the withdrawal on family law matters.

Ahead of the changes, we review what is currently known.

Q: What was the involvement of the EU in UK family law?

Family Law matters include proceedings under the Children Act, divorce and dissolution of civil partnerships, and the ancillary finances including child maintenance. The UK is signatories to several conventions and agreements that provide for cross jurisdiction implementation of decisions made by the UK courts. This provides protection in matters such as child abduction and when financial assets are abroad.

Q: How did this change on January 31?

In the short term, it didnt. The transitional period until December 31, 2020 will see the UK remaining signatories to the cross border conventions that assist with family law matters across European jurisdictions.

Q: How will this change on January 1, 2021?

It is unclear as to exactly what will become of the conventions and agreements that currently assist families in cross border disputes. Legislation is being presented before government over the course of the next few months and in the event the UK leaves the EU with a no-deal following the transitional period, it is hoped domestic legislation will enable the UK to continue to be able to have reciprocal agreements with the EU.

Q: Why do we need these agreements if we leave the EU?

At this time and during the transitional periods, there are agreements in place with the EU which make sure that when the UK courts make an order, it can be implemented abroad. If a child is removed from the UK without the permission of a parent or the Court, it can be considered abduction even if the person removing the child is also a parent. In those circumstances, the Court has the power to take steps to see a child returned. In some circumstances, an absent parent may live in Europe and fail to meet their child maintenance obligation. Reciprocal enforcement makes these processes much easier.

Q: My family law matter is already of an international nature, what will happen?

The changes to the law following the UKs departure from the EU should not be retrospective. It is anticipated that matters already proceeding under the terms of the European conventions and agreements, whether in the UK or another member state, will continue to be governed by them until they are concluded.

If you have any concerns about how the UKs withdrawal from the EU will impact upon a family law matter, please contact Sally Stanway on sally.stanway@allingtonhughes.co.uk or 01244 312166.

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How departing the European Union is impacting family law - Denbighshire Free Press