Jurisdictional issues in children proceedings
Jurisdictional issues in children proceedings

The following Family practice note provides comprehensive and up to date legal information covering:

  • Jurisdictional issues in children proceedings
  • Jurisdiction prior to IP completion day (31 December 2020) and where transitional provisions apply
  • Jurisdiction on and after 1 January 2021
  • Procedure
  • EU countries

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 Notes: What does IP completion day mean for family law?, Brexit—jurisdiction and family proceedings and Brexit—children proceedings.

See also Practice Note: Jurisdiction EU, in particular the sections on the Impact of Brexit and Transitional provisions.

This Practice Note provides guidance on jurisdiction in children proceedings both prior to and after IP completion day and also as to transitional cases, see: Jurisdiction prior to IP completion day (31 December 2020) and where transitional provisions apply and Jurisdiction on and after 1 January 2021.

Jurisdiction prior to IP completion day (31 December 2020) and where transitional provisions apply

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 apply in the UK after IP completion day. However, transitional provisions provide that where proceedings have been instituted before the end of the transition

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