Brexit could weaken legal protections for parents in child custody battles, lawyers warn

Family law experts say parents whose ex-partners have removed their children from the UK and taken them to an EU country, may lack legal protections after Brexit

The sentences have been criticised locally, sparking calls for the judgment to be reviewed (Joe Raedle/Getty Images)

Brexit could cause greater distress for families caught up in cross-border custody battles, family law experts have warned.

It is feared a key piece of European Union legislation preventing child abduction could be lost upon the UK’s withdrawal. Currently the legislation, known as Brussels II, protects parents or legal guardians if their child is wrongfully being kept in another EU country.

Lawyers say the legislation covers a gap in the UK criminal law on child abduction and predict that its loss could leave parents unprotected within the British legal framework, should such an abduction be attempted.

Joanna Farrands, a family law specialist based at law firm Barlow Robbins said: "Child abduction - kidnapping and false imprisonment - is a common law offence, however, a gap in the law means it is not a criminal offence to take a child abroad, with the other parent's permission, but then not return that child as agreed.”

"An estimated 40% of all abduction cases are in fact the wrongful retention of a child by a parent or guardian across international borders."

She added: "The current EU legislation, known as Brussels II, provides protection and facilitates speedy return home.

"A six-week timetable for the return of the child to their habitual residence is to be strictly complied with.

"Once Article 50 is triggered, this key piece of legislation will no longer offer the same level of security and there could be significant delays and distress for families without the ability to easily transfer cases within the EU.

"This process could now become more complex and different tests may need to be applied depending on which statute a particular country has signed up to."

Helen Habershon, a lawyer at the same firm, said the grey area of family law needed to be addressed urgently.

She said "The current recommendation by the Law Commission is for child abduction as a criminal offence to be extended to include cases where a child is lawfully removed from the UK but then unlawfully retained abroad."

Much uncertainty remains over when and how Britain will withdraw from the European Union. Some critics of the Leave campaign have suggested they have provided insufficient detail on exactly what Brexit will mean, resulting in ambiguity and uncertainty over negotiations to trigger Article 50.

Today a number of America’s biggest banks issued an ultimatum to the Prime Minister, warning Theresa May they will pre-emptively shift operations to Europe unless she can provide clarity on Brexit.

With additional reporting by PA