Inherent and statutory jurisdiction
Produced in partnership with David Salter, deputy High Court judge and Recorder
Inherent and statutory jurisdiction

The following Family practice note produced in partnership with David Salter, deputy High Court judge and Recorder provides comprehensive and up to date legal information covering:

  • Inherent and statutory jurisdiction
  • Transitional provisions
  • Sources of statutory jurisdiction
  • Inherent jurisdiction and children

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 guidance, see also Transitional provisions and Practice Notes: What does IP completion day mean for family law? and Brexit—jurisdiction and family proceedings.

After IP completion day, none of the EU instruments formerly regulating jurisdiction apply, subject to transitional provisions (see below). Most aspects of family law are now governed by domestic statute and statutory instruments together with relevant Hague Conventions, such as the Hague Convention on the Civil Aspects of International Child Abduction 1980 (the 1980 Hague Convention), the Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (the 1996 Hague Convention) and the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (2007 Hague Convention) . Where statute provides the legal code for the determination of the issue in question, that code must be followed. However, there remain cases where recourse will

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