The Potential Effects of Brexit on the Cross-Border Circulation of Private Family Law Judgments; with a Particular Focus on Questions Relating to Gender
This contribution considers the opportunities and losses arising from Brexit in the context of cross border family law. The main Regulations that will be affected by Brexit in this context are Brussels IIa, the Maintenance Regulation and the Civil Protection Order Regulation. These Regulations contain procedural rules in areas such as child abduction, divorce, maintenance, domestic violence and parental responsibility. This contribution considers the effect Brexit will have on these provisions from the perspective of gender. In family law, the role of caring has gender based consequences, such as loss of earnings from employment. Therefore the ongoing enforcement of orders in this context is imperative post-Brexit. There are several mechanisms for ensuring this ongoing enforcement, but in some areas there will be gaps in the law. This contribution highlights where these gaps might be and explains why there is currently no solution in these areas.
- Beaumont, P. 2017. Private International Law Concerning Children in the UK After Brexit: Comparing Hague Treaty Law with EU Regulations. Child and Family Law Quarterly 29 (3): 213–232.Google Scholar
- Beaumont, P., L. Walker, and J. Holliday. 2016b. Conflicts of EU Courts on Child Abduction: Country Reports. Project Report. University of Aberdeen, Aberdeen, Scotland.Google Scholar
- Beaumont, P., L. Walker, and J. Holliday. 2016c. Parental Responsibility and International Child Abduction in the Proposed Recast of Brussels IIa Regulation and the Effect of Brexit on Future Child Abduction Proceedings. International Family Law Journal 4: 1369–5762.Google Scholar
- Borrás, A., and B. Degeling. 2013. Explanatory Report to the 2007 Hague Convention. The Hague: Permanent Bureau.Google Scholar
- Bruch, C.S. 2004. The Unmet Needs of Domestic Violence Victims and Their Children in Hague Child Abduction Cases. Family Law Quarterly 38 (3): 529–545.Google Scholar
- European Commission. 2017. 2017 Report on Equality Between Women and Men in the EU. http://ec.europa.eu/justice/gender-equality/files/annual_reports/2017_report_annual_gender-equality.pdf. Accessed 24 Nov 2017.
- Fineman, M. 2005. The Autonomy Myth: A Theory of Dependency. New York: The New Press.Google Scholar
- Freeman, M. 2014. Parental Child Abduction: The Long-term Effects. International Centre for Family Law, Policy and Practice. Available at: http://www.childabduction.org.uk/images/longtermeffects.pdf.
- Glas, L., and J. Krommendijk. 2017. From Opinion 2/13 to Avotiņš: Recent Developments in the Relationship Between the Luxembourg and the Strasbourg Courts. Human Rights Law Review 17 (3): 567–587.Google Scholar
- Hess, B., and S. Spancken. 2014. The Effective Operation of the EU Maintenance Regulation in Member States. In The Recovery of Maintenance in the EU and Worldwide, ed. P. Beaumont et al. Oxford: Hart Publishing.Google Scholar
- Kuipers, J.J. 2012. The (Non) Application of the Charter of Fundamental Rights to a Certificate for the Return of the Child. European Human Rights Law Review 4: 397–412.Google Scholar
- Kruger, T. 2011. International Child Abduction: The Inadequacies of the Law. Oxford: Hart Publishing.Google Scholar
- Lamont, R. 2017a. Commentary on App. No. 3890/11 Povse v Austria. In Rewriting Children’s Rights Judgments, ed. H. Stalford, K. Hollingsworth, and S. Gilmore, 513–528. London: Bloomsbury Publishing.Google Scholar
- Lamont, R. 2017b. Not a European Family: Implications of Brexit for International Family Law. Child and Family Law Quarterly 29 (3): 267–280.Google Scholar
- Lowe, N. 2011. A Statistical Analysis of Applications Made in 2008 Under the Hague Convention of 25 October 1980 on the Civil Aspects of Child Abduction, Part III National Reports (HCCH). Available at: https://www.hcch.net/en/publications-and-studies/details4/?pid=5421&dtid=32.
- Lowe, N. 2017. What Are the Implications of the Brexit Vote for the Law on International Child Abduction? Child and Family Law Quarterly 29 (3): 253–266.Google Scholar
- Lowe, N. 2018. Prel. Doc. No. 11 A—Part I A Statistical Analysis of the Applications made in 2015 Under the Hague Convention of 25 October 1980 on the Civil Aspects of Child Abduction. Available at: https://www.hcch.net/en/instruments/conventions/publications1/?dtid=32&cid=24.
- MPI Luxembourg. 2017. Planning the Future of Cross-Border Families: A Path Through Co-ordination. http://www.eufams.unimi.it/wp-content/uploads/2017/06/Report-on-Internationally-Shared-Good-Practices-v2.pdf. Accessed 1 February 2018.
- Office of National Statistics. 2017. Divorces in England and Wales: 2016. Available at: https://www.ons.gov.uk/peoplepopulationandcommunity/birthsdeathsandmarriages/divorce/bulletins/divorcesinenglandandwales/2016. Accessed 17 Jan 2018.
- Schulz, A. 2013. The Abolition of Exequatur and State Liability for Human Rights Violations Through the Enforcement of Judgments in European Family Law. In A Commitment to Private International Law—Essays in Honour of Hans van Loon, ed. Permanent Bureau, 515. Cambridge: Intersentia.Google Scholar
- Sherlock. 2017. European Union (Withdrawal Bill)—Second Reading (Day 2). Wednesday 31 January 2018. http://www.parliamentlive.tv/Event/Index/2e325b35-2337-41cd-a992-b92f3ef4a8aa. Accessed 1 Feb 2018.
- Silberman, L. 2000. The Hague Child Abduction Convention Turns Twenty: Gender Politics and Other Issues. New York University Journal of International Law and Politics 33 (1): 221–250.Google Scholar
- Trimmings, K. 2013. Child Abduction Within the European Union. Oxford: Hart Publishing.Google Scholar
- Walker, L. 2015. Maintenance and Child Support in Private International Law. Oxford: Hart Publishing.Google Scholar
- Walker, L. 2017a. Povse v Austria. In Rewriting Children’s Rights Judgments, ed. H Stalford, K. Hollingsworth, and S Gilmore, 519. Oxford: Hart Publishing.Google Scholar
- Walker, L. 2017b. New (and Old) Problems for Maintenance Creditors Under the EU Maintenance Regulation. In Cross-Border Litigation in Europe, ed. P. Beaumont, M. Danov, K. Trimmings, and B. Yuskel, 771–786. Oxford: Hart Publishing.Google Scholar
- Weiner, M.H. 2000. International Child Abduction and the Escape from Domestic Violence. Fordham Law Review 69 (2): 593–706.Google Scholar