Tuesday 22nd June 2021
The Applicant mother seeks permission to appeal the order of Ms Clare Ambrose sitting as a Deputy High Court Judge dated 26 March 2021 by which she dismissed the Mother’s application pursuant to the 1980 Hague Convention and ordered that the child be returned to India.
The child is 4 years of age. Both parents are Indian citizens by birth but were living in New Jersey, USA when the child was born. The Applicant mother had applied for the child to be returned to her in New Jersey, USA. The Father is currently in prison in the UK awaiting a decision on an extradition request that has been made by the USA following an international arrest warrant. The child is being cared for by a foster carer under the care of a local authority by consent under section 20 of the Children Act 1989.
Ms Clare Ambrose found that it was in the child’s best interests to return to India to the care of their grandparents pending the return of the father to India from the UK and that he maintain contact with his mother but not live with her.