QD (Habitual Residence) (No.2)

QD (Habitual Residence) (No.2)

The English court cannot exercise jurisdiction based on urgency under Schedule 3 para.7(1)(c) MCA 2005 while adjourning implementation indefinitely; urgency requires immediate need for substantive order. The main application is adjourned for further review in 3-4 months due to practical impossibility of return during Covid-19 pandemic.

Parties
Applicant: TD; Applicant: BS; Respondent: KD; Respondent: QD
Jurisdiction
England and Wales
Judgment Date
25 March 2020
Procedural Posture
Application / Interlocutory Judgment; Adjournment for Further Review
Outcome
Application adjourned for further review in 3-4 months; no substantive orders made.
Legal Topics
Habitual Residence, Jurisdictional Deadlock, Best Interests, Covid 19 Impact, Deprivation of Liberty, Lasting Power of Attorney
Mental Capacity International Jurisdiction Elder Law Habitual Residence Jurisdictional Deadlock Best Interests Covid 19 Impact Deprivation of Liberty +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

TD

Applicant

BS

Applicant

KD

Respondent

QD

Respondent

Procedural Posture

Application / Interlocutory Judgment; Adjournment for Further Review

Legal Issues

  1. 1 Whether English court has jurisdiction over QD given his habitual residence in Spain
  2. 2 Whether urgency exists under Schedule 3 para.7(1)(c) MCA 2005 to justify substantive orders
  3. 3 Whether QD should be returned to Spain for Spanish court to assume jurisdiction

Ratio Decidendi

The English court cannot exercise jurisdiction based on urgency under Schedule 3 para.7(1)(c) MCA 2005 while adjourning implementation indefinitely; urgency requires immediate need for substantive order. The main application is adjourned for further review in 3-4 months due to practical impossibility of return during Covid-19 pandemic.

Court Disposition

Application adjourned for further review in 3-4 months; no substantive orders made.

Orders

  • Adjournment of main application to date to be fixed for review in 3-4 months.
  • KD to file evidence regarding Vista Al Mar care home and dementia care provision.