Published 13 September 2018
Relaid 08 October 2018
ESIC: No upgrade
SLSC: No upgrade
This Statutory Instrument (SI) has been made under the European Union (Withdrawal) Act 2018 to ensure that the UK statute book is ready, on Exit, to comply with The Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (the 2007 Hague Convention).
The UK and EU have agreed that during the implementation period, the UK is to be treated as a Member State for the purposes of international agreements, including the 2007 Hague Convention. This Statutory Instrument therefore would only apply in the unlikely event that the Withdrawal Agreement with the EU is not concluded.
The UK currently participates in the 2007 Hague Convention by virtue of EU membership, the EU itself having concluded the Convention in 2014 and thus being a Contracting Party. UK participation will therefore cease on Exit.
This SI is required as part of the UK’s overall preparations to achieve full independent contracting party status to the 2007 Hague Convention after we leave the EU and to ensure an effectively functioning statute book. It will underpin the UK ’s future ability to meet its international treaty obligations by ensuring the smooth continuation of existing domestic implementing legislation relating to this Convention, on and after exit day.
This SI will ensure that the rules of the 2007 Hague Convention on the recognition and enforcement of cross - border maintenance decisions can work effectively between the UK and all the existing contracting parties to this Convention including the EU, USA, Brazil, Turkey and Ukraine amongst others. It will also ensure that the UK can operate the 2007 Hague Convention with any future contracting parties to this Convention
The UK Government policy paper Providing a cross-border civil judicial cooperation framework - a future partnership paper outlines the United Kingdom's position on cross-border civil judicial cooperation in the future partnership with the EU.
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