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United Kingdom

Withdrawal Agreement Article 67 preserves EU Maintenance Regulation for pre‑2021 establishment claims; guidance on legal aid and case management—MM v FF [2026] EWFC 1 (England and Wales)

Published on: 02 February 2026

Published by a LexisNexis Family expert
Legal News
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Article summary

MacDonald J upheld an appeal challenging the rejection of a mother’s bid to secure a child maintenance determination pursuant to Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and co-operation in matters concerning maintenance obligations (the EU Maintenance Regulation). The court found the Family Court’s jurisdiction persisted notwithstanding the UK’s withdrawal from the EU, and that the application was wrongly dismissed for purported non-compliance. The judgment further highlights the grave practical obstacles encountered by parties in cross-border maintenance matters, and how such impediments can frustrate the aims of international child maintenance frameworks. MM v FF (Maintenance: Scope of EU Withdrawal Agreement) [2026] EWFC 1

What are the practical implications of this case?

The judgment contains unusually detailed and pointed observations about the experience of litigants in cross-border maintenance cases and the structural weaknesses exposed by this litigation. The court delivered unusually granular and forthright remarks on the realities faced by litigants in cross-border maintenance proceedings and the systemic frailties laid bare by this litigation. It characterised the trajectory of the proceedings as 'wholly antithetic' to the core purpose of international child maintenance law: the prompt determination and enforcement of maintenance for...

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