Taking of evidence in family proceedings within the EU
Produced in partnership with David Salter
Practice notesTaking of evidence in family proceedings within the EU
Produced in partnership with David Salter
Practice notes
This Practice Note sets out the main substantive and procedural provisions as to the taking of evidence in the EU in relation to family proceedings both before and after implementation period (IP) completion day (11pm on 31 December 2020).
The taking of evidence from parties or witnesses abroad may be required in the course of proceedings. Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between courts of the Member States in the taking of evidence in civil or commercial matters (the Taking of Evidence Regulation) provides a cross-border intergovernmental service for the taking of evidence as between EU Member States other than Denmark.
As of 31 January 2020, the UK ceased to be an EU Member State and no longer participates in the political institutions and governance structures of the EU. However, in accordance with the transitional arrangements provided in Part 4 of the Withdrawal Agreement of October 2019, exit day marked the commencement of an 11-month implementation period during which the UK continued to be treated by the EU as
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Brexit definition
What does Brexit mean?
means: (a) the United Kingdom (UK) ceasing to be a member state of the European Union (EU) and/or the European Economic Area (EEA) on exit day; and/or (b) the commencement, end of[ or variation in] any transitional, trading or other arrangements from time to time between: (i) the UK and the EU and/or EEA (including during any implementation period and IP Completion Day); and/or (ii) the UK and any other country, group of countries, international organisation, bloc or body (including the World Trade Organization) in contemplation of or (directly or indirectly) in connection with the UK’s said cessation of membership;
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