Research by a Scottish children’s charity has found that the European Union Withdrawal Bill is likely to affect the rights of children in Scotland. The report was published by Together (Scottish Alliance for Children’s Rights) and found that 10% of children who were born in Scotland in 2016 risk losing vital protections, due to the Brexit interference with cross-border family law.
The report highlights the fact that the removal of cross-border protections for children could lead to young people in Scotland facing increased risks. Child maintenance, child custody and child abduction are all areas that are covered by cross-border protections. The incorporation of cross-border EU family law into UK law is likely to be difficult, as the laws are based on the principle of reciprocity, i.e. benefits granted by one state to the citizens of another should be reciprocated.
The report found that there are around 180,000 EU nationals who live in Scotland, while 120,000 Scottish nationals live in EU countries. In Scotland last year, 5,604 children were born to a parent from an EU member state, and 1,613 of these children had a parent who was born in the UK.
Juliet Harris, the Director of Together said:
“EU protections help families with UK/EU parents know where issues concerning children’s welfare and maintenance can be resolved, and help to ensure cooperation between EU countries in relation to the protection of children’s rights. The EU Withdrawal Bill has profound implications for cross-border family law and, as a consequence, the security and rights of children here.”
Ms Harris predicts a number of families mentioned in the report will inevitably be faced with breakdowns, due to the cases being cross-border. She has asked for the families to be provided with clear information on what the future holds for them, saying that they must know which country will have jurisdiction, and how the rules of one state will be enforced in another.
The Children and Young People’s Commissioner Scotland, Bruce Adamson, has called for those discussing Brexit to ensure that they consider the rights of children and young people at every step of negotiations.
Jackie Brock, the Chief Executive of Children in Scotland, has backed Mr Adamson’s calls, saying that politicians must consider what impact any changes in the law will have on children, and asks for them to make sure that children and young people are protected in negotiations. Ms Brock added that it is becoming increasingly apparent that children and young people will be most affected by the EU Withdrawal Bill.
If you are concerned about what changes to the law in this country could mean for you and your children, please contact us for advice. We are proud of our ability to provide the most relevant and effective guidance for all your family matters, including divorce, separation, and child contact and custody.
Thompson Civil and Family Law Solicitors is a family run Glasgow law firm, with an office in Coatbridge, and serving customers throughout Scotland. We offer a service that is both high quality and affordable. To speak to a member of our team, call us today on 0141 404 6575, or complete our online enquiry form.