AM v AF (Return Order: Dubai)

AM v AF (Return Order: Dubai)

The children were habitually resident in Dubai at the relevant dates, so the English court lacked jurisdiction to make substantive Children Act orders. Dubai was the children’s home country by August 2025. It is in the children’s best interests to make a return order to Dubai under the inherent jurisdiction, with detailed arrangements for joint custody, contact, and holiday time, as the children are settled in Dubai and disruption from a move to England would not serve their welfare.

Parties
Applicant: AM; Respondent: AF
Jurisdiction
England and Wales
Judgment Date
13 March 2026
Procedural Posture
Children Act/inherent Jurisdiction (return Order) / Final Hearing and Judgment
Outcome
Children Act applications dismissed for lack of jurisdiction; return order to Dubai granted under inherent jurisdiction with conditions.
Legal Topics
Habitual Residence, Child Arrangements, Return Order, Jurisdiction, Inherent Jurisdiction, Best Interests of the Child
Family Law Private International Law Habitual Residence Child Arrangements Return Order Jurisdiction Inherent Jurisdiction Best Interests of the Child

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Parties

AM

Applicant

AF

Respondent

Procedural Posture

Children Act/inherent Jurisdiction (return Order) / Final Hearing and Judgment

Legal Issues

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

Ratio Decidendi

The children were habitually resident in Dubai at the relevant dates, so the English court lacked jurisdiction to make substantive Children Act orders. Dubai was the children’s home country by August 2025. It is in the children’s best interests to make a return order to Dubai under the inherent jurisdiction, with detailed arrangements for joint custody, contact, and holiday time, as the children are settled in Dubai and disruption from a move to England would not serve their welfare.

Court Disposition

Children Act applications dismissed for lack of jurisdiction; return order to Dubai granted under inherent jurisdiction with conditions.

Orders

  • Both parties’ Children Act applications (CAO, SIO, PSO) dismissed for lack of jurisdiction.
  • Return order for the children to Dubai under the inherent jurisdiction, subject to conditions: joint custody application to Dubai court at joint expense; children to live with mother in Dubai; father to have at least 50% of long school holidays with children (summer and Christmas in England, Easter in Dubai if...