Edward Lamb successfully argues forum conveniens (India) for a US national child

Edward Lamb successfully argues forum conveniens (India) for a US national child, previously habitually resident in the UK and that the child’s removal from the UK was lawful.

Mr Justice Keehan considered this case on 28 August 2020. Edward acted for the mother of a 6 year-old child who had previously been resident in the UK. The child’s parents separated and the mother sought a return to India and removed the child with her in late 2019. The father issued wardship proceedings and sought the summary return of the child.

Mr Justice Keehan agreed with the submissions made by the mother: dismissed the father’s application and determined that the child had acquired habitual residence in India; that the father had acquiesced to her removal through failing to issue the return application for 8 months and further or alternatively, that India was the appropriate forum to hear the on-going residence dispute.

Edward was instructed by Jas Nijher, Clayton Stoke Solicitors.