AM v AF (Return Order: Dubai) [2026] EWHC 511 (Fam) (06 March 2026)

AM v AF (Return Order: Dubai) [2026] EWHC 511 (Fam) (06 March 2026)

The children were not habitually resident in England and Wales at the relevant dates, so the English court lacked jurisdiction under the Children Act 1989. Dubai was the children's home country by August 2025, and their welfare required a return order to Dubai under the inherent jurisdiction, as they were settled there with their mother and it was in their best interests to remain.

Citation
[2026] EWHC 511 (Fam)
Parties
Applicant (mother): AM; Respondent (father): AF
Jurisdiction
England and Wales
Judgment Date
06 March 2026
Procedural Posture
Children Act 1989 and Inherent Jurisdiction Return Order / Final Hearing
Outcome
Applications under the Children Act 1989 dismissed for lack of jurisdiction; Return Order to Dubai granted under inherent jurisdiction.
Legal Topics
Habitual Residence, Child Arrangements, Return Order, Jurisdiction, Welfare of the Child
Family Law Private International Law Habitual Residence Child Arrangements Return Order Jurisdiction Welfare of the Child

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Parties

AM

Applicant (mother)

AF

Respondent (father)

Procedural Posture

Children Act 1989 and Inherent Jurisdiction Return Order / Final Hearing

Legal Issues

  1. 1 Whether the English court has jurisdiction under the Children Act 1989 based on habitual residence
  2. 2 Whether a return order to Dubai should be made under the inherent jurisdiction
  3. 3 What is the children's 'home country' for the purposes of a return order

Ratio Decidendi

The children were not habitually resident in England and Wales at the relevant dates, so the English court lacked jurisdiction under the Children Act 1989. Dubai was the children's home country by August 2025, and their welfare required a return order to Dubai under the inherent jurisdiction, as they were settled there with their mother and it was in their best interests to remain.

Court Disposition

Applications under the Children Act 1989 dismissed for lack of jurisdiction; Return Order to Dubai granted under inherent jurisdiction.

Orders

  • Both parties' Children Act 1989 applications (CAO, SIO, PSO) dismissed for lack of jurisdiction.
  • Return Order made for the children to Dubai under the inherent jurisdiction.