Release date: Thursday, September 12, 2024, 11:29 AM
Last updated: Thursday, September 12, 2024 at 8:45 PM
A toddler whose mother flew to the UK without his father’s consent has been taken back to Dubai by court order. The father’s lawyer said the UK High Court had recognised Dubai as the boy’s “habitual residence” and upheld the father’s right to take the child back to the UAE.
Any decisions regarding the family’s future will be handled by the UAE courts. “This is a huge relief for our clients and a reminder to foreign fathers that their rights over their children will be protected,” Samara Iqbal, lawyer, director and founder of Alamus International Law Firm, told Khaleej Times.
According to court documents, the child is nearly two years old and the parents are unmarried. “We tried hard to build a case to enable the father to bring his son home and importantly we also sought expert opinion on UAE law which the court took into account.”
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The family had planned to leave the UK and settle permanently in Dubai in December 2023. The child’s mother brought the child to the UK in April 2024 without the father’s permission.
“Even though the child has not lived in Dubai for long, the court determined the UAE to be his habitual residence. What matters is the family’s intentions and preparations in the new home country, not necessarily the length of residence,” Samara said.
The court had ordered that the mother be brought back to the UAE as her primary caregiver, but following the court’s ruling, the mother decided to remain in the UK, the lawyer added. The father and child returned to the UAE.
“He (the father) is currently working to establish contact between the mother and the child in accordance with UAE law,” Samara said. “The child will currently live in the UAE with the father until a UAE court makes a decision regarding his long-term care. The issue that was addressed was whether the child should be returned from the UK to the UAE, and he has been returned.”
Samara said the case highlights that overseas parents can protect their rights even in situations where one parent illegally takes a child back to their home country: “We encourage overseas parents to carefully consider the legal implications of relocation and seek expert advice before making any decision that may lead to illegal activity.”
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