The Future Relationship between the UK and the EU following the UK’s

Withdrawal from the EU in the Field of Family Law

The Future Relationship between the UK and the EU following the UK’s Withdrawal from the EU in the Field of

Family Law

To Be Addressed

• Separation Issues1) In the case of a deal

2) In the case of no deal

a) The EU perspective

b) The UK’s perspective

• Future Partnership:1) Agreement

2) No Agreement

a) The EU perspective

b) The UK’s perspective

The Future Relationship … Essential Issues/Concepts

• Study/report still current: nothing changed

• p.12 §1.2.2/C: “situation not desperate provided

a withdrawal agreement exists”

• Transitional/interpretative problems -

section 2; WA Art. 67 + §2.1.2/A

• Long-term problems: CJEU: §2.1.3 + §3.4

• Deal/no-deal: twin-track planning (B-12/10!) - The

Jurisdiction and Judgments Family) (Amendment

Etc.) (EU Exit) Regulations 2019

• The central importance of reciprocity

• Does UK exit matter?: p.34 §4 paradox

• Recommendations p.36

The Future Relationship … Separation Issues with DEALWithdrawal Agreement (Text: 14.11.2018)

• Implementation Period: date of entering

into force to 31.12.2020. European acquis:1. Regulation 2201/2003 (divorce/PR recognition/priority)

2. Regulation 4/2009 (maintenance)

3. Regulation 606/2013 (protective measures/violence)

• Second Period: Arts. 66-69

DEALWithdrawal Agreement

Art. 67Ongoing Proceedings

In the UK, as well as in the MS in situations

involving the UK, in respect of legal proceedings

instituted before the end of the transition

period and in respect of proceedings or actions

that are related to such legal proceedings

pursuant to Art. 19 of Regulation No 2201/2003

or Art. 12 and 13 of Council Regulation No

4/2009, the following acts or provisions shall apply:

the provisions of Regulation (EC) No 2201/2003

regarding jurisdiction (id. Council Regulation

4/2009)

DEALInterpretation and Application

Art. 67Recognition and enforcement

The provisions of Regulation (EC) No

2201/2003 [4/2009] regarding recognition

and enforcement shall apply to judgments

given in legal proceedings instituted

before the end of the transition period,

and to documents formally drawn up or

registered as authentic instruments,

and agreements concluded before the

end of the transition period;

DEALInterpretation and Application

Art. 67Cooperation

1. Chapter IV of Regulation (EC) No

2201/2003 shall apply to requests and

applications received by the central

authority or other competent authority of the

requested State before the end of the

transition period

2. Chapter VII of Regulation (EC) No 4/2009

3. Regulation (EU) No 606/2013 to certificates

issued before the end of the transition

period

DEALWithdrawal Agreement: Open Questions

Interpretation and Application

• “Situations involving the UK”;

“Proceedings instituted”; “Provisions

regarding jurisdiction”

• Criteria?

• Role of the CJEU?

NODEAL

EUCommission’s Notice to Stakeholders

• Rules on jurisdiction, pending proceedings

in a MS? YES

• Rules on recognition and enforcement?

ONLY if exequatur granted before Brexit

• Rules on cooperation? NO

• To be considered: Hague conventions

(1996, 2007); MS may decide differently

NODEAL

UK

• Atmosphere febrile/Frustration x 2/48%?+

12 days (10 working days) incl today/29th

• UK Parliament “Meaningful” “vote” 2/3

• Divorce:

• priority/forum conveniens/Hemain

• time/cost/uncertainty (outcome+recognition)

• Recognition???

NODEAL

UK

• Maintenance: Hague lacks jurisdiction x 2

• Children:

• (a) consensual movement: 3 mths

• (b) abduction: Hague enhanced Arts

9+11 - 6 wks/voice of child/”trumping”

non-return

OUTLOOK INTO THE FUTURE

Bespoke AgreementPolitical Declaration November 22, 2018

• 57 To support mobility, the Parties confirm

their commitment to the effective

application of the existing international

family law instruments to which they are

parties.

• 58 The Parties will explore options for

judicial cooperation in matrimonial,

parental responsibility and other related

matters

OUTLOOK INTO THE FUTURENo Agreement

EU-27

• Fallback solutions: Hague conventions

1970, 1973, 1980,1996, 2007).

• New bilateral conventions MS/UK?

Council Regulation No 664/2009 of 7 July

2009

OUTLOOK INTO THE FUTURE

No Agreement

UK

• Not party/political but difficult to avoid

• Affects citizens (Πολιτείς/children)

• Disaster for family law

• Stakes + “stakeholders”

• Real implications on the ground:

• Eg. B2R Art. 11(6-8) + non-return (Hague

A.13(b))

• Cp. Polish RegCt Suwalki 24/4/17 MSvAS

• TJ v MS Article 11(6-8) BIIA: Relocation: Art 24

EUCFR) [2017] EWHC 3802 (Fam)

Presentation by

Marta Requejo/Tim Amos QC

MPI Luxembourg/QEB, London

www.qeb.co.uk

Policy Department Citizens’ Rights and Constitutional Affairs

Responsible Administrator: Roberta PANIZZA

poldep-citizens@europarl.europa.eu