Al M (Factfinding) [2019] EWHC 3415 (Fam) (11 December 2019)

Al M (Factfinding) [2019] EWHC 3415 (Fam) (11 December 2019)

The court found, on the balance of probabilities, that the father ordered and orchestrated the unlawful abduction of Sheikha Shamsa from the UK in 2000, and the forcible return and detention of Sheikha Latifa in 2002 and 2018, and that both daughters have been deprived of their liberty. The court also found that the father conducted a campaign of harassment and intimidation against the mother. The findings were based on consistent, credible evidence from multiple sources, including sworn oral testimony and contemporaneous documentation, and were not rebutted by the father, who declined to participate in the fact-finding process.

Citation
[2019] EWHC 3415 (Fam)
Parties
Applicant Father: His Highness Sheikh Mohammed bin Rashid Al Maktoum; Respondent Mother: Her Royal Highness Princess Haya bint Al Hussein; Second and Third Respondent Children: Jalila and Zayed (the children)
Jurisdiction
England and Wales
Judgment Date
11 December 2019
Procedural Posture
Wardship and Family Law Proceedings / Fact Finding Judgment in Ongoing Welfare Proceedings
Outcome
Findings of fact made against the father as sought by the mother; ongoing proceedings to determine final welfare arrangements for the children.
Legal Topics
Wardship, Child Welfare, Diplomatic Immunity, Abduction, Forced Marriage Protection, Non Molestation Orders, Hearsay Evidence, Parental Responsibility
Family Law International Law Human Rights Wardship Child Welfare Diplomatic Immunity Abduction Forced Marriage Protection +3 more

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Parties

His Highness Sheikh Mohammed bin Rashid Al Maktoum

Applicant Father

Her Royal Highness Princess Haya bint Al Hussein

Respondent Mother

Jalila and Zayed (the children)

Second and Third Respondent Children

Procedural Posture

Wardship and Family Law Proceedings / Fact Finding Judgment in Ongoing Welfare Proceedings

Legal Issues

  1. 1 Whether the father orchestrated the abduction of Sheikha Shamsa from the UK in 2000
  2. 2 Whether the father orchestrated the forcible return and detention of Sheikha Latifa in 2002 and 2018
  3. 3 Whether the father conducted a campaign of harassment and intimidation against the mother

Ratio Decidendi

The court found, on the balance of probabilities, that the father ordered and orchestrated the unlawful abduction of Sheikha Shamsa from the UK in 2000, and the forcible return and detention of Sheikha Latifa in 2002 and 2018, and that both daughters have been deprived of their liberty. The court also found that the father conducted a campaign of harassment and intimidation against the mother. The findings were based on consistent, credible evidence from multiple sources, including sworn oral testimony and contemporaneous documentation, and were not rebutted by the father, who declined to participate in the fact-finding process.

Court Disposition

Findings of fact made against the father as sought by the mother; ongoing proceedings to determine final welfare arrangements for the children.

Orders

  • Children remain Wards of Court
  • Interim forced marriage protection order for Jalila