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How will Brexit affect my divorce

How will Brexit affect my divorce?

How will Brexit affect my divorce?

Question

My son’s father lives in Germany which is a member of the EU. I live in the UK and our child lives with me most of the time, however he visits his father regularly.

I have heard that after the end of the Brexit implementation period on 31st December 2020 EU law will no longer apply if we have to ask a court to sort out arrangements for my son.

This is worrying me as we are beginning to argue about where he should live. What if my ex issues court proceedings in Germany? I don’t speak German and won’t understand them.

Answer

It’s correct that existing EU law on this will no longer apply but there is another law that will help you.

This is the 1996 Hague Convention on Parental Responsibility and the Protection of Children and was specifically designed to assist with cross-border issues relating to children.

Under this convention the case must be heard in the country in which your son is habitually resident. If your son lives with you most of the time this will be the country in which you live.

Your ex can still issue court proceedings in Germany but if you issue court proceedings in the UK the German case will be frozen whilst the UK court deals with the issues.

How Kerseys Can Help

Kerseys fully qualified team of family law solicitors are specialists in dealing with cases involving arrangements for children for divorced and separated parents, please do not hesitate to contact us at [email protected] or telephone us on Ipswich 01473 213311 or Colchester 01206 584584, alternatively if you would prefer us to call you please visit our web site and click “Call Me Back”.

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