Children

Children

Jurisdiction

The issue of jurisdiction should be addressed at the outset of the proceedings and dealt with in a procedurally appropriate manner. See Practice Notes: Jurisdictional issues in children proceedings, Inherent and statutory jurisdiction—Inherent jurisdiction and children and Domicile and habitual residence.

11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes took effect across the UK’s legal regime. This has implications for practitioners considering which courts have jurisdiction to determine a dispute. For further guidance, see Practice Note: Family proceedings with EU connections—toolkit.

See also Practice Note: Jurisdiction in cases with EU connections issued before IP completion day, in particular the sections on the Impact of Brexit and Transitional provisions.

Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (Brussels II bis or Brussels IIA) ceased to

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