Together responds to questions on Brexit and Family Law

Date: 10th September 2018
Category: Best interests of the child, Respect for the views of the child


Together has responded to questions posed by the Scottish Government on Brexit and cross-border family law. The response draws from our October 2017 report which considered the issue in detail.

In the response, Together notes that the current EU rules depend on reciprocity between EU countries and that this would be lost after Brexit unless an agreement was reached between the UK and the EU. The response also outlines the ways in which EU family law protects and promotes the rights of children involved in cross-border disputes over contact, residence and maintenance. It is Together’s view that these rights would not be protected to the same extent if the UK was to fall back on alternative instruments, such as the Hague Conventions.