Government publishes paper on cross-border cooperation

The Department for Exiting the European Union has today published a paper outlining the United Kingdom’s position on cross-border civil judicial cooperation in the future partnership with the European Union.

The Department says:

“As the United Kingdom leaves the European Union, the Government will seek a deep and special partnership with the EU. Within this partnership, cross-border commerce, trade and family relationships will continue. Building on years of cooperation across borders, it is vital for UK and EU consumers, citizens, families and businesses, that there are coherent common rules to govern interactions between legal systems.

“To this end, the UK, as a non-member state outside the direct jurisdiction of the Court of Justice of the European Union, will seek to agree new close and comprehensive arrangements for civil judicial cooperation with the EU.”

The paper can be read here.

Commenting on the paper, Daniel Eames, chair of Resolution’s International Committee, said:

“We agree that close co-operation with the EU is vital on family law matters post-Brexit. This was a key recommendation arising from the Justice Select Committee’s enquiry, to which Resolution gave evidence late last year.

“As we said to the committee at the time, families benefit from rules which bring legal certainty, and limit the length and costs of proceedings in family law cases, for the benefit of children and their parents. Cross border family law for intra EU-UK cases – whether divorce, children or financial – requires reciprocity.

“Without reciprocal rules, there can be no legal certainty in treatment with all the ensuing complications, delays and potential costs for families and children or local authorities undertaking their child protection function.

“These issues may not make headline news, but for families affected by a cross-border dispute, it can be deeply distressing. For their sake, the more clarity on what the situation will be after March 2019, the better”.

Image of EU Flag by Bobby Hidy, licensed under CC BY 2.0.