The basis of jurisdiction of the Court of ProtectionCross-border matters:basis of jurisdictionCross-border mattersHabitual residence:meaningCross-border matters:basis of jurisdictionCross-border mattersCourt of Protection:habitual residence, andHabitual residence:meaningCross-border matters:basis of jurisdictionCross-border mattersCourt of Protection:habitual residence, and
26.6The Court of Protection has jurisdiction to make declarations and decisions under MCA 2005 ss15–16 in relation to:
•an adult habitually resident in England and Wales;
•an adult’s property in England and Wales;
•an adult present in England and Wales or who has property there, if the matter is urgent; or
•an adult present in England and Wales, if a protective measure which is temporary and limited in its effect to England and Wales is proposed in relation to him.
1MCA 2005 Sch 3 para 7(1). 26.7‘Habitual residence’ is not defined in the MCA 2005, but the phrase has been the subject of judicial consideration. Above all, it is ‘a question of fact to be determined in the individual circumstances of the case’.
2Re MN (recognition and enforcement of foreign protective measures) [2010] EWHC 1926 (Fam), [2010] COPLR Con Vol 893 at para 22. See also An English Local Authority v SW [2014] EWCOP 43, [2015] COPLR 29 and Re DB; Re EC [2016] EWCOP 30, [2016] COPLR 450. In the case of an adult who lacks the capacity to decide where to live, habitual residence can in principle be lost and another habitual residence acquired without the need for any court order or other formal process, such as the appointment of an attorney or deputy.
3Re PO [2013] EWHC 3932 (COP), [2014] Fam 197, para 18. If an adult has been moved across borders, then a central question in deciding whether their habitual residence has changed will be whether there has been any element of wrongfulness in the move.
4Re MN (move in apparent breach of instruction in Californian Advance Healthcare Directive); or Re HM (vulnerable adult: abduction) [2010] EWHC 870 (Fam), [2010] 2 FLR 1057 (move in breach of a court order). Habitual residence can in principle be lost and another habitual residence acquired on the same day.
5Re PO [2013] EWHC 3932 (COP), [2014] Fam 197 at para 17.26.8An adult is deemed to be habitually resident in England and Wales if:
•their habitual residence cannot be determined;
•they are a refugee; or
•they have been displaced as a result of disturbance in the country of their habitual residence.
6MCA 2005 Sch 3 para 7(2).