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Some reflections on the options for dealing with international family law following Brexit
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If the UK were to exit from the European Union by as some have suggested a simple repeal of the European Communities Act 1972 the headline casualty so far as family law is concerned would be that the UK would cease to be a party to the revised Brussels II Regulation (Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility) (‘Brussels IIA’). But that would not be the only casualty – all other Regulations (not backed up by domestic legislation) would fall and in the family law context that would mean that the UK would cease to be a party to: the EU Evidence Regulation 2001; the EU Service Regulation 2007; the Protection Measures Regulation 2013 and the EU General Data Protection Regulation 2016. Another important casualty would be European Maintenance Regulation 2008. A less obvious casualty (for the reasons explained below) might be that the UK would cease to be a Contracting State to the 1996 Hague Convention on the Protection of Children (the Hague Protection Convention). On...
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