V v M (a child: stranding: forum conveniens: anti-suit injunction)

Family proceedings – Stay of proceedings. Where the mother and the father were engaged in litigation in England and in India, concerning their son (K), aged three, the Family Division ruled that the father had not discharged the burden on him to establish that a stay of the English proceedings, seeking the summary return of K from India, was appropriate. On clear balance, England was the natural and appropriate forum and India was not clearly the more appropriate forum. Accordingly, the father's application for a stay or dismissal of the English proceedings was dismissed. The court further ruled, on the mother's application for an injunction to restrain the father's pursuit of the Indian proceedings, that, while it had the jurisdiction to grant an anti-suit injunction in an application concerning a child, having regard to the test for the deployment of a permanent anti-suit injunction, the case did not fall into a category where such an injunction could properly be made.

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