Guidance UK-EU cross-border disputes about parental responsibility from 1 January 2021

This guidance explains the changes to UK-EU cross-border disputes about parental responsibility from 1 January 2021.

It is intended for people involved in family law disputes. If you are a legal professional, please refer to the guidance for legal professionals.

If you are currently or soon to be involved in a case that you think may be affected by this you should speak to a lawyer or Citizens Advice as soon as possible. You should also speak to a lawyer or Citizens Advice if your case involves an EU country and Scotland or Northern Ireland.

This guidance only relates to cases involving the courts of England and Wales. If you have a cross-border case relating to the courts in Scotland or Northern Ireland, you should seek advice on mygov.scot or nidirect.gov.uk

Family law disputes from 1 January 2021

EU laws about family proceedings will no longer apply to the UK from 11pm on 31 December 2020.

This will affect rules on:

  • the country that family law disputes are heard in
  • how decisions made in one country will be recognised and enforced in another

This applies to cases in England and Wales about:

  • divorce
  • matters relating to children (including on child abduction)
  • child maintenance

New cases

If you apply for new arrangements for your children in England or Wales or an EU country after 11pm on 31 December 2020, new rules will be in place but you should apply in the same way. This includes applications about children you already have agreed arrangements for.

Speak to a local lawyer as soon as possible to get specific advice about your case and the actions you need to take.

Ongoing cases

If you have an ongoing case about arrangements for your children in England or Wales or an EU country as at 11pm on 31 December 2020, your case will continue under the current rules.

Order recognition

If you have an order in place about arrangements for your children that has been made in England or Wales or an EU country before 11pm on 31 December 2020, it should not be affected. However, if you make further applications (even about the same child or children) after this time, different rules will apply for having the order made or accepted in the other country.

Speak to a local lawyer as soon as possible to get specific advice about your case and the actions you need to take.

International parental child abduction

From 1 January 2021, the rules about abducted or wrongfully retained children in EU countries will mostly not change.

If your child has been abducted to, or is being wrongfully kept in, another country by another parent or a relative, you should get legal advice from a specialist lawyer.

You should also, if possible, get local legal advice in the country the child has been taken to, and you should contact the Central Authority for England and Wales (ICACU) and the charity Reunite.

You may also wish to read guidance on:

Source:   https://www.gov.uk/government/publications/parental-responsibility-involving-eu-from-1-january-2021

If you are looking for Family Mediation, please contact us today on admin@fmse.co.uk or phone us on 01273 694 661

We offer mediation in Bognor Regis | Brighton | Chichester, Clapham Common | Crawley | Croydon | East Grinstead | Eastbourne | Hastings | Haywards Heath | Horsham | Lewes | London | Redhill | Sutton | Tunbridge Wells | Worthing

https://familymediationsoutheast.co.uk/ 

Guidance UK-EU cross-border divorces from 1 Janua...
Divorce after Brexit

By accepting you will be accessing a service provided by a third-party external to https://familymediationsoutheast.co.uk/