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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Consultation launched on guidance for short notice applications in public law proceedings

On 16 February 2026, Mr Justice Keehan, the Lead Family Presiding Judge, launched a consultation on draft guidance relating to short notice applications in public law children proceedings, following the establishment of a Short Notice Applications Working Group in November 2024 after such applications were found to account for over 60% of all public law cases. For the purposes of this consultation and in accordance with the Public Law Outline (PLO), all applications made before day 12 are considered as urgent or short notice. The working group has produced draft guidance, a  Newborn Baby Protocol and template orders, approved by the President of the Family Division, to promote a more consistent, timely and proportionate approach to allocation, gatekeeping and case management. The guidance confirms that listing is a judicial function, requires applicants to justify urgency with evidence, and distinguishes between standard listings, short notice hearings within five days, and same day emergency hearings reserved for cases where a child’s immediate safety would be compromised. The Newborn Baby Protocol sets out structured pre-birth assessment and planning requirements, including early commencement of the PLO where appropriate, timely notification to Cafcass and the court, coordinated working with hospitals, and arrangements to support parental participation. The consultation also seeks views on three sets of template orders for Public Law directions made at end of an urgent interim care order hearing, Public Law directions on issue and allocation (standard listing) and Public Law directions on issue (urgent hearing).

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