Neath Port Talbot Country Borough Council v CK & Ors [2025] EWCOP 47 (T3)

Judgment concerning habitual residence and best interests where CK had lived in Spain but, now diagnosed with vascular dementia, is in a care home in England.

CK had lived in Spain for 35 years but had a stroke in 2018 and his health deteriorated. His wife, EK, made arrangements to move him to a care home in Wales where he was born but his involvement in that decision was unclear. The LA in these proceedings maintained CK lacked capacity to make that decision. In an earlier hearing, HHJ MiIler determined that CK's habitual residence was in Spain but here the issues had narrowed because of CK's failing health: would he be fit to travel back to Spain and is there a care option for him there?

Morgan J finds his habitual residence is now in Wales primarily as there is no longer a property for CK there, his business had folded and he cannot afford to pay for private care. He also determines that is not in CK's best interest to travel but remain in the care home in Wales, which though not ideal, enables CK's son to be able to visit. 

Read the judgment on Bailii