keep The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) (No. 2) Regulations 2019
EU Exit statutory instrument amending the Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019. It removes the phrase 'in relation to matters relating to maintenance' from headings in the Children Act 1989 and Children (Northern Ireland) Order 1995, and substitutes new jurisdictional rules specifying which courts have jurisdiction in child-related family proceedings based on habitual residence or domicile of parents, guardians, or the child itself.
While this regulation represents inherited EU-era rules ported into UK law without independent review, deletion would create serious legal uncertainty. Without clear jurisdictional rules, courts in England & Wales and Northern Ireland would lack statutory basis for determining which forum should hear cross-border family disputes involving children. This could strand families in legal limbo, particularly in child protection cases where immediate jurisdiction is critical. The connecting factors (habitual residence/domicile) represent reasonable proxies for jurisdiction even if they were not UK-designed. However, this instrument should be prioritized for future comprehensive review to determine whether the specific jurisdictional thresholds serve UK interests optimally rather than simply replicating Brussels II Recast provisions.