Some reflections on the options for dealing with international family law following Brexit
An alternative strategy potentially espoused by ‘the Great Repeal Bill’ is for the 1972 Act to be repealed but to preserve the current EU rules as part of UK domestic law, the so-called ‘unilateral option’. This would still have the consequence the UK pulling out of the above mentioned instruments in the international co-operative sense, albeit that the UK would continue to apply them unilaterally.
A different strategy is for the UK to seek to be bound entirely or with some modifications to some or all of the above mentioned instruments.
The object of this article is to consider whether, in the context of international family law, we should simply pull out of these EU instruments and – to answer that – consideration needs to be given as to what alternative provisions could be deployed and to whether those alternatives would be as good as the EU rules. If they are not, how can the UK safeguard its citizens?
The full version of this article appears in the April 2017 issue of Family Law.
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Law, Practice and Procedure
Deals with both lawful movement and abduction of children into and out of the UK.