WX v YZ

WX v YZ

Given the breakdown of trust and the lack of enforceability of English orders in the UAE, the welfare of the children requires that a new agreement be formalised and registered in the UAE, with a separate pledge from the father not to impose a travel ban or raise past wrongs. The mother will accompany the children and hold their passports during international travel for the foreseeable future. Contact in Dubai may only occur once these safeguards are in place; otherwise, contact must take place in the UK.

Parties
Applicant Father: WX; Respondent Mother: YZ
Jurisdiction
England and Wales
Judgment Date
08 December 2021
Procedural Posture
Children Act Proceedings (relocation and Contact) / Final Judgment After Contested Hearing
Outcome
Application for summary return withdrawn; new arrangements ordered for contact and international travel.
Legal Topics
Child Relocation, Contact Arrangements, Enforcement of Foreign Orders, Parental Responsibility, International Child Abduction
Family Law International Family Law Child Relocation Contact Arrangements Enforcement of Foreign Orders Parental Responsibility International Child Abduction

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Parties

WX

Applicant Father

YZ

Respondent Mother

Procedural Posture

Children Act Proceedings (relocation and Contact) / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether a new agreement and court order should be drafted and registered in the UAE to safeguard the children's return after contact.
  2. 2 Whether the father should be limited in international travel with the children to Dubai and India only.
  3. 3 Whether the mother should accompany the children and hold their passports during international travel.

Ratio Decidendi

Given the breakdown of trust and the lack of enforceability of English orders in the UAE, the welfare of the children requires that a new agreement be formalised and registered in the UAE, with a separate pledge from the father not to impose a travel ban or raise past wrongs. The mother will accompany the children and hold their passports during international travel for the foreseeable future. Contact in Dubai may only occur once these safeguards are in place; otherwise, contact must take place in the UK.

Court Disposition

Application for summary return withdrawn; new arrangements ordered for contact and international travel.

Orders

  • A new agreement and separate pledge by the father not to impose a travel ban or raise past wrongs must be formalised and registered in the UAE before international contact.
  • Mother to accompany the children and hold their passports during international travel for the foreseeable future.