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Legal Update: Brexit and the Brussels IIa regulation

European regulations that bring clarity to cases of cross-border child contact and child abduction are now in doubt post-Brexit.

In March, the House of Lords European Union committee published a report considering the ramifications of Brexit for the EU's programme of civil and justice co-operation introduced by the three Regulations - the Brussels I (recast), the Brussels IIa and the Maintenance Regulations. These collectively form the so-called "Brussels regime", which applies when a legal dispute has a cross-border element. The committee, unable to discern a clear plan as to how the continued post-Brexit operation of these regulations will be secured, expressed concern for "those families that rely on their provisions… [and] our family court system".

The Brussels IIa Regulation

The Brussels IIa Regulation (BIIa) addresses divorce, legal separation, marriage annulment, and parental responsibility including rights of custody, access, guardianship, and placement in a foster family or institutional care. It sets out:

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