Find Out More

  • Accreditations
  • Join our Team
  • Terms of Business
  • Pricing Information
  • Client Feedback
    • Leave a Review
  • Complaints
  • Regulatory Information
  • Skip to primary navigation
  • Skip to main content
  • Skip to footer
  • Skip to footer navigation
  • Skip to secondary navigation

Harold Stock & Co. Solicitors

Rooted in the community

  • Mossley:
    01457 835597
  • Failsworth:
    0161 682 2400
  • Stockport:
    0161 456 5012
  • Get In Touch
  • Home
  • About
    • Our Team
    • CSR
  • Legal Services
    • Personal Injury
    • Medical Negligence
    • Serious Injury
    • Commercial and Company
    • Family Law
    • Property
    • Wills, Probate And The Elderly
  • Blog
  • Contact
  • More

Ministry of Justice opts into EU family law proposal to counteract any Brexit risk

4th November 2016 by Harold Stock & Co

Despite the recent referendum vote in which the majority of UK citizens opted to leave the EU, the government has none the less decided to opt into a European Commission proposal to repeal and replace the main legal instrument – Brussels 11A regulation – which has applied to civil law cases since March, 2005, and helps international couples resolve divorce and child custody disputes involving more than one country.

According to the Ministry of Justice, the government has decided to take this action because it is the UK’s interests to opt into the EU regulation on cross-border family matters, particularly in the light of the risks that could arise once the UK has left the European Union. 

In a written ministerial statement issued late last week, justice minister, Sir Oliver Heald, said that, notwithstanding the result of the EU referendum vote in June, it was in the UK’s interests to opt into the proposal. Mr Heald said the government has taken this action for two simple reasons:

[Firstly, the government] ‘wants to avoid the risk that, if the new regulation comes into force before the UK’s exit and the UK has not opted in to the regulation; the existing regulation will no longer apply to the UK because it might be deemed inoperable’.

However, he added ‘this might mean for a period of time no EU instrument regulates these matters for UK families even though the UK is still a member state.’

‘Secondly, even after a UK exit, the regulation will affect UK citizens, principally in other member states, and it is in the UK’s interests to influence the negotiations.’

Under existing rules, the current regulation’s main objectives is to uphold the rights of children to maintain contact with both parents, even if they are separated or live in different EU countries. After an extensive re-evaluation, the Commission’s new proposal aims to clearer deadlines for certain procedures, make it easier for judgments to be recognised and enforced in other member states, and streamline and clarify certain parts of cross-border child abduction proceedings.

The other important point to note is that the proposal also removes the possibility that a court will refuse to enforce a judgment on the basis that it would have applied different national rules to whether a child should have been heard in the proceedings.

However, as the proposal is a family justice measure, the justice minister said the proposal must be agreed by unanimity in the Council of Ministers. During the negotiation process, Mr Heald said the government will aim to ensure that what is finally agreed ‘respects national competence, limits any impacts on domestic law and minimises any additional burdens on the courts and the authorities that will use the new regulation’.

Filed Under: Blog

Harold Stock & Co

Related

Why disclosing your assets before the divorce is the wise approach
19th May 2021
Categories: Blog, Family
How do I protect my home in my Will? What can I do about care home fees?
13th April 2021
Tags: Care Fees, how to own a property, Protect my home
Categories: Blog, Clients, Wills and probate
Couples feeling the strain?
18th January 2021
Categories: Blog, Family, News

Footer

  • Accreditations
  • Join our Team
  • Terms of Business
  • Pricing Information
  • Client Feedback
    • Leave a Review
  • Complaints
  • Regulatory Information
  • Acceptable Use
  • Complaints
  • Email Disclaimer
  • Privacy Policy/Cookies
  • Regulatory Information
  • Terms of Website Use
harold stock solicitors

Mossley (Head Office)

55-57 Stamford Street
Mossley
Tameside OL5 0LN

Tel: 01457 835597
Fax: 0330 024 9210

harold stock solicitors

Failsworth

Ivy Business Centre
Crown Street
Failsworth M35 9PB

Tel: 0161 682 2400
Fax: 0330 024 9210

harold stock solicitors

Stockport

Pepper House
1 Pepper Road
Stockport SK7 5DP

Tel: 0161 456 5012
Fax: 0330 024 9210

Email: info@haroldstock.com

Harold Stock & Co Solicitors is a trading name of Harold Stock & Co Limited, a Limited Company registered in England and Wales. Company No: 07201476. Registered Office: 55-57 Stamford Street, Mossley, Tameside, OL5 0LN. Authorised and regulated by the Solicitors Regulation Authority (535629). VAT No: 991 015 916 A full list of Directors is available at the Company’s Registered Office.

  • Acceptable Use
  • Complaints
  • Email Disclaimer
  • Privacy Policy/Cookies
  • Regulatory Information
  • Terms of Website Use

Company Registered in England and Wales. No. 07201476
Copyright © 2023
Log in
Instilled Ltd

This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish.Accept
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT