Re QD [2019] EWCOP 56

Habitual residence QD, who had dementia, was living in Spain with his second wife when adult children from his first marriage flew him to England by stealth. The children unsuccessfully argued that: (a) he was now habitually resident in England, so the MCA applied in the usual way; (b) removal was justified under the common law doctrine of necessity; (c) jurisdiction was established on grounds of urgency; (d) even if QD were habitually resident in Spain, orders could be made under the inherent jurisdiction. The judge therefore made a protective measures order under sch 3 MCA 2005 pending a determination by the national authorities in Spain on what should happen next.

Essex

This case has been summarised on page 37 of 39 Essex Chambers, 'Mental Capacity Report' (issue 101, February 2020).

CASES DATABASE

Full judgment: BAILII

Subject(s):

  • Foreign protective measure cases🔍

Date: 19/12/19🔍

Court: Court of Protection🔍

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Published: 8/7/20 14:10

Cached: 2020-08-03 14:19:00