AS WE know, the Prime Minister has served notice on the President of the European Council triggering Article 50, starting the process of the UK leaving the European Union.

As a family lawyer, how do I think this is likely to affect UK families? It’s obviously very early days, and subject to the negotiations which will take place over the next two years, but there are a few consequences that I can already envisage, aside from the Repeal Bill which is now being presented to Parliament.

Our society has, over the decades that we have been a member of the EU, become a multi-national one. There are families who live some of the time here, and some of the time on mainland Europe. There are families where one or more person may be an EU National. There will inevitably be issues with whether the UK courts or the EU courts have jurisdiction over the coming years, and that Government will have to put in line provision for dealing with disputes over jurisdiction when they arise. Whatever the drawbacks of the current system, we currently have certainty and reciprocity between member states.

Family Lawyers association Resolution has been working on this issue for some time and has made representations to the Justice Select Committee and House of Lords committees, outlining its concerns.

There is a concern that incorporating EU law into our domestic legislation on its own without reciprocal rules, may not provide for legal certainty for families, with all the ensuing complications, delays and potential costs for families and children. There must also be suitable transitional provisions in case not all negotiations are concluded before the UK has formally left the EU.

Until we have formally left, the current situation remains. Lawyers call that the status quo.

Since 2001 and the Brussels IIa case, if divorce proceedings are pending in one member state, subsequent proceedings in another member state must be automatically stayed in favour of the proceedings. So first come, first served. This prevents competing proceedings and provides certainty for the litigant.

Whilst some lawyers have questioned whether this is a fair way of operating, it is currently the system we are bound by. But it is highly likely to change once we have left the EU.

The position for children if Brussels IIa no longer applies is more mixed, although any loss of protections for children should be avoided. In terms of abduction, the 1980 Hague Convention will still provide a mechanism (but slower) for the return of children, including co-operation between the judiciary and central authorities from other signatory countries.

Similarly, the Hague 1996 Convention provides jurisdictional rules, allowing for the transfer of proceedings in certain circumstances and for the recognition of orders relating to children.

There will also be the loss of the EU Charter on Fundamental Rights and Freedoms. This has been central in advancing the rights of the child, for example to have their voice heard and to maintain direct and regular contact with their parents. The UN Convention on the Rights of the Child will remain and has similar scope but has not been incorporated into our domestic legislation.

* Ruth Hawkins is a partner Partner at Oxford legal firm Turpin & Miller