Liz Andrews, instructed by Lucy Jones of Avery Naylor, represented the applicant father. The matter concerned an application made by the father, pursuant to the inherent jurisdiction, for the return of the parties two children from India to the UK. The mother contested the jurisdiction of the courts of England and Wales to determine any matters relating to the children’s welfare, therefore including whether they should be returned to this jurisdiction. This hearing was therefore to determine the matter of jurisdiction. 

The father was successful in establishing that the courts of England and Wales retain jurisdiction pursuant to the Family Law Act 1986 and Hague Convention 1996, in light of the children’s habitual residence not having changed from the United Kingdom at the time of the father’s application for their return. The father was also successful in establishing that this jurisdiction is the appropriate forum for determining matters relating to the children’s welfare.