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.

CASES DATABASE

Full judgment: BAILII

Subject(s):

  • Foreign protective measure cases🔍

Date: 25/3/20🔍

Court: Court of Protection🔍

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Published: 8/7/20 14:46

Cached: 2020-08-05 21:58:07