The Ministry Of Justice Protects Children In Cross-Border Divorce


The Ministry of Justice acts to protect Children of Divorcing Couples in Cross-border Separations and Divorce.

An important decision was announced yesterday by Sir Oliver Heald, the justice minister in the British government, it has been decided that it is in the UK's best interests to accept and opt into a proposal made by the European Commission to repeal and update the legal mechanism, known as the Brussels 11A regulation, which assists separating and divorcing couples settle disputes relating to both the custody of their children and their divorce when more than one country is involved.

Sir Oliver said that opting into the new proposal is the best choice for the UK, regardless of Brexit, as complex cross-border family law disputes affect UK citizens and should the Brussels 11A regulation be repealed prior to the UK's exit and the UK had failed to opt in, the UK could be in the position of having no EU instrument regulating such matters, regardless of the fact that the UK was still an EU member, as the previous regulation would be most likely to be considered inoperable. Clearly failure to opt in could result in children's rights could be compromised and may affect their capacity to maintain contact with both parents if they live in different...

To continue reading