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Re QD (No.2) (2020) EWCOP 14: Difference between revisions

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|Judicial history first case=Re QD (2019) EWCOP 56
|Judicial history first case=Re QD (2019) EWCOP 56
|Sentence=Habitual residence
|Sentence=Habitual residence
|Summary=''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 pt 2|MCA 2005 sch 3]] that he be returned could not be made, so the decision was adjourned for 3-4 months.''
|Summary=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 pt 2|MCA 2005 sch 3]] that he be returned could not be made, so the decision was adjourned for 3-4 months.
|Subject=Foreign protective measure cases
|Subject=Foreign protective measure cases
|News=Yes
|News=Yes
|RSS pubdate=2020/07/08 02:17:46 PM
|RSS pubdate=2020/07/08 02:17:46 PM
}}
}}

Latest revision as of 11:55, 8 October 2021

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.

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Full judgment: BAILII

Subject(s):

  • Foreign protective measure cases🔍

Date: 25 March 2020🔍

Court: Court of Protection🔍

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Published: 8/7/20 14:46

Cached: 2025-06-29 20:44:29

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