Implications of Brexit for Family and Childcare Law

Monday, 24 October 2016

The potential impact of "Brexit" on the numerous family law cases which come before the courts and in particular, those where the EU Brussels II Regulation (concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility) applies, remains uncertain.

When Brexit is implemented there may need to be transitional arrangements put in place to protect children and there could be a vacuum where children’s interests fall between the cracks.

Some other issues include:

• Whether each Member State now has to enter in to a separate bi-lateral arrangement with the UK and if this is even possible 
  


• If there will there be broad agreement with regard to jurisdictional forum 
  


• Which legal precedents and case-law will apply 
  


• Where the overarching supervisory mechanism will be if the European Court of Justice is not available
  


• Whether divorces will be recognised in the other jurisdiction
  

Currently, strong links exist between the UK and Ireland in relation to family law and child protection, and a high degree of reciprocity and understanding post Brexit is hoped to continue.

For further information or advice on the issues above, contact Sinéad Kearney or Morag McCullagh from our Health and Social Care and Childcare Law teams.