Re MN [2010] EWHC 1962 (Fam)

Re MN [2010] EWHC 1962 (Fam)

CategoryArticles Author Alex Ruck Keene KC (Hon) Date

In Re MN [2010] EWHC 1962 (Fam), Mr Justice Hedley considered the approach the English Courts would take when considering whether to recognize, enforce and implement an Order of a Court of competent jurisdiction in California requiring the return of a person to that State. It is the first case in which the provisions of schedule 3, part 4 to the Mental Capacity Act 2005 have been considered and provides general guidance on the approach of the English Courts to issues of cross-border capacity falling within the scope of that Act.

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