In Re QD (Jurisdiction: Habitual Residence) [2019] EWCOP 56 Brendan Roche was directly instructed by the wife, KD, of QD, who suffered Dementia in Alzheimer’s disease. QD and KD had been settled in Spain for several years. In September 2019, allegedly after hearing criticisms of his care in Spain, QD’s children by his first wife flew QD to England without the knowledge or consent of KD. They then issued an application in the Court of Protection seeking orders that would retain QD in this jurisdiction. On behalf of KD Brendan Roche defeated arguments that through the doctrine of necessity the habitual residence of QD was now in England or alternatively that the court should exercise its inherent jurisdiction to make long-term decisions in respect of QD. Mr Justice Cobb accepted his submissions that QD remained habitually resident in Spain and therefore it was for the Spanish courts or administration to decide what is in the best long-term interests of QD.
View Judgment here: QD Jurisdiction Habitual Residence 19 12 19
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