Every case brought under the Hague Convention on the Civil Aspects of International Child Abduction requires establishment of the child’s habitual residence. Therefore, the concept of habitual residence is central to the operation of the convention itself. Nevertheless, this term is not defined in the convention, nor in the Brussels II bis Regulation applicable to relations between EU member states.
It will soon be 10 months since the United Kingdom withdrew from the European Union. Although Brexit has formally already occurred, the real-life consequences are barely noticeable. But the transition period in force since the beginning of February 2020 is inexorably coming to an end, and it appears less and less likely that before it expires at the end of 2020 the parties will manage to reach an agreement governing the future relations between the UK and the EU.
It is looking increasingly likely that an agreement governing relations between the UK and the EU after 31 December 2020 will not be reached in time. This could cause some legal turbulence.
The Brexit transition period is coming to an end. Whether or not it is still possible for the UK and the EU to reach a new trade agreement, many businesses operating on both sides can expect a number of uncertainties and challenges. Fortunately, one of the issues that will remain stable is the choice of law in contracts. Here Brexit will result in only technical changes.
A hard Brexit would leave choice of law rules largely intact, but remove the UK from convenient EU procedures for recognition and enforcement of judgments.
The EU provides tools for efficient police and judicial cooperation in criminal matters. But those instruments may no longer be available to the authorities if there is a hard Brexit.