Al M (Factfinding)

Al M (Factfinding)

The court found, on the balance of probabilities, that the father orchestrated and executed the abduction and deprivation of liberty of his daughters Sheikha Shamsa and Sheikha Latifa, and has maintained a regime depriving them of their liberty. The court also found that the father conducted a campaign of intimidation and harassment against the mother, causing her to fear for her safety and that of the children, and that he has used his position and state apparatus to achieve these aims. The findings demonstrate a consistent course of conduct over two decades where the father uses his substantial powers to achieve his objectives, disregarding the rule of law.

Parties
Applicant/father: His Highness Sheikh Mohammed bin Rashid Al Maktoum; Respondent/mother: Her Royal Highness Princess Haya bint Al Hussein; Second Respondent/child: Sheikha Al Jalila bint Mohammed bin Rashid Al Maktoum; Third Respondent/child: Sheikh Zayed bin Mohammed bin Rashid Al Maktoum
Jurisdiction
England and Wales
Judgment Date
11 December 2019
Procedural Posture
Wardship and Child Welfare Proceedings / Fact Finding Judgment
Outcome
Findings of fact largely proved in favour of the mother; risk assessment and welfare determination to follow.
Legal Topics
Wardship, Child Abduction, Forced Marriage Protection, Non Molestation, Diplomatic Immunity, Deprivation of Liberty, Harassment and Intimidation
Family Law International Law Child Protection Wardship Child Abduction Forced Marriage Protection Non Molestation Diplomatic Immunity +2 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

Sheikha Al Jalila bint Mohammed bin Rashid Al Maktoum

Second Respondent/child

Sheikh Zayed bin Mohammed bin Rashid Al Maktoum

Third Respondent/child

Procedural Posture

Wardship and Child Welfare Proceedings / Fact Finding Judgment

Legal Issues

  1. 1 Whether the father orchestrated the abduction and deprivation of liberty of his daughters Sheikha Shamsa and Sheikha Latifa
  2. 2 Whether the father conducted a campaign of intimidation and harassment against the mother
  3. 3 Whether the children are at risk if returned to Dubai or removed from the mother's care

Ratio Decidendi

The court found, on the balance of probabilities, that the father orchestrated and executed the abduction and deprivation of liberty of his daughters Sheikha Shamsa and Sheikha Latifa, and has maintained a regime depriving them of their liberty. The court also found that the father conducted a campaign of intimidation and harassment against the mother, causing her to fear for her safety and that of the children, and that he has used his position and state apparatus to achieve these aims. The findings demonstrate a consistent course of conduct over two decades where the father uses his substantial powers to achieve his objectives, disregarding the rule of law.

Court Disposition

Findings of fact largely proved in favour of the mother; risk assessment and welfare determination to follow.

Orders

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