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James the UK government's concern about the CJEU is foreign judges dictating domestic policy on substantive issues such as employee rights, which have economic and political consequences. In family law they rule only on procedural matters as between member states, facilitating such human interactions as cross-border access between parents and children and child maintenance enforcement. Surely our negotiators can get the EU to make a special case for family law, as a discrete area, whatever happens in the commercial negotiations.
Yes we could return to the good old days of forum non conveniens, Hemain and anti-suit injunctions for EU cases but remember how costly they were? Just look at some of the non-EU cases that have gone through the Court of Appeal recently: Zimina v Zimin http://www.bailii.org/ew/cases/EWCA/Civ/2017/1429.html [Russia] and Wilmot v Maughan http://www.bailii.org/ew/cases/EWCA/Civ/2017/1668.html (Turkey) - millions wasted on futile litigation .