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01 June 2018 / David Burrows
Issue: 7795 / Categories: Features , Brexit , Family
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Child protection

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David Burrows discusses the loss of the EU Charter & the potential impact on children

  • How much of the EU Charter of Fundamental Rights will remain part of the common law for children?
  • The Ministry of Justice needs to clarify the law before exit day, for the sake of children.

The European Union (Withdrawal) Bill left the Commons on 17 January 2018 with cl 5(4) intact. That clause insouciantly says: ‘(4) The Charter of Fundamental Rights is not part of domestic law on or after exit day’, by which it means the EU Charter (2000/C 364/01). For English law purposes the Charter will disappear (unless the Lords revives it and the Commons relent); and if so how far will what it says remain part of the common law for children?

Disappearance of the Charter only matters, in law, if a case is decided under EU law. Thus, Council Regulation (EC) No 2201/2003 of 27 November 2003 Concerning Jurisdiction… in Matters of Parental Responsibility (Brussels IIA) was picked out for special mention by the

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

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When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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