Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Jurisdiction definition

What does Jurisdiction mean? Jurisdiction, in legal practice, describes a court’s power to hear and determine a dispute and the limits of that power, both by subject matter and by the territory over which the court’s authority extends. It encompasses personal jurisdiction over the parties (often based on service, presence, domicile or consent, including exclusive jurisdiction clauses) and the court’s territorial and subject‑matter competence. The term is descriptive rather than fixed by a single definition; its scope is set by statute, rules of court, international instruments and case law (for example, the Senior Courts Act 1981, the Civil Jurisdiction and Judgments...

Jurisdiction in cross‑border children proceedings post‑Brexit: 1996 Hague Convention, FLA 1986, residual jurisdiction, transfers and procedure, with Brussels II bis transitional regime and 2025 Presidential guidance

Published by a LexisNexis Family expert

Practice notes

This Practice Note provides guidance on Jurisdiction in children proceedings, having regard to the implications of Brexit.

It explains how jurisdiction is to be determined in children proceedings in the context of Brexit. It covers both the regime operating from 1 January 2021 and the arrangements that applied up to IP completion day (31 DECember 2020), including when transitional provisions apply. See: Jurisdiction on and after 1 January 2021 and Jurisdiction prior to IP completion day (31 December 2020) and where transitional provisions apply. It also outlines the procedure to follow when jurisdiction is in issue in children proceedings, and judicial guidance. This includes the President of the Family Division’s Guidance: Transfer of proceedings, issued on 21 January 2025, which replaces the April 2016 guidance on transfers under Article 15 of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and parental responsibility matters (Brussels II bis or Brussels IIA), and Articles 8 and/or 9 of 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)...

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David Salter

David Salter has enjoyed a varied career in family law with over 45 years’ experience. He served as National Head of Family Law at Addleshaw Goddard and, subsequently, as Joint National Head of Family Law at Mills & Reeve, retiring in 2018.From 1997-1999, David was Chairman of Resolution, also acting as the first Chairman of Resolution’s Accreditation Committee. He subsequently became President of the International Academy of Family Lawyers from 2010 to 2012, having previously served as the Academy's European Chapter President.He has sat in various part-time judicial posts since 1985 sitting regularly as a deputy High Court judge and Recorder in the Family Court until March 2022. He now conducts private financial dispute resolution appointments.David was one of the original members of the Family Procedure Rules Committee which framed the 2010 Rules, serving a ten-year term from 2004 to 2014.He is a...

Web page updated on 21/05/2026

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