Re QD (No.2) [2020] EWCOP 14

Habitual residence A legal deadlock had arisen: (a) the English court did not have primary jurisdiction, as QD was habitually resident in Spain; (b) the Spanish court would not exercise its jurisdiction unless QD were in Spain; (c) there was no obligation to return QD there. The coronavirus travel bans meant an "urgent" decision under MCA 2005 sch 3 that he be returned could not be made, so the decision was adjourned for 3-4 months.

Essex search

This case's neutral citation number appears in the following newsletters:

• 39 Essex Chambers, 'Mental Capacity Report' (issue 103, April 2020)

CASES DATABASE

Full judgment: BAILII

Subject(s):

• Foreign protective measure cases🔍

Date: 25/3/20🔍

Court: Court of Protection🔍

Judicial history:

• Re QD (No.2) [2020] EWCOP 14
• Re QD [2019] EWCOP 56

Judge(s):

• Cobb🔍

Parties:

• TD🔍
• BS🔍
• KD🔍
• QD🔍

Citation number(s):

• [2020] EWCOP 14^B

What links here:

• Re QD [2019] EWCOP 56

Published: 8/7/20 14:46

Cached: 2024-11-05 03:25:39