C v D

C v D

It is in the best interests of the children to be returned to the UAE, their home country, subject to conditions ensuring their welfare and the mother's protection, as the allegations of abuse are historic and not determinative, the children’s connections to the UAE are strong, and the harm from continued retention in England outweighs the risks of return. The court imposed pre-conditions to mitigate risks, including withdrawal of the father's custody application and a binding settlement agreement in the UAE court.

Parties
Applicant: C; Respondent: D
Jurisdiction
England and Wales
Judgment Date
29 July 2022
Procedural Posture
Child Abduction / Summary Return (non Hague Convention) / Final Judgment After Contested Hearing
Outcome
Summary return of the children to the UAE ordered, subject to conditions.
Legal Topics
Summary Return of Children, Non Hague Convention Country, Welfare Principle, Relocation, Domestic Abuse Allegations, Voice of the Child, Settlement Agreements
Family Law International Child Abduction Summary Return of Children Non Hague Convention Country Welfare Principle Relocation Domestic Abuse Allegations Voice of the Child +1 more

Case Brief

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Parties

C

Applicant

D

Respondent

Procedural Posture

Child Abduction / Summary Return (non Hague Convention) / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether to order the summary return of children to the UAE (a non-Hague Convention country)
  2. 2 Whether allegations of domestic abuse preclude summary return
  3. 3 Whether the welfare of the children requires a full welfare enquiry in England or summary return to the UAE

Ratio Decidendi

It is in the best interests of the children to be returned to the UAE, their home country, subject to conditions ensuring their welfare and the mother's protection, as the allegations of abuse are historic and not determinative, the children’s connections to the UAE are strong, and the harm from continued retention in England outweighs the risks of return. The court imposed pre-conditions to mitigate risks, including withdrawal of the father's custody application and a binding settlement agreement in the UAE court.

Court Disposition

Summary return of the children to the UAE ordered, subject to conditions.

Orders

  • Father to withdraw his custody application in the UAE and provide proof prior to return.
  • Settlement agreement to be reached and issued by the UAE courts before return, including terms on custody, maintenance, non-prosecution, and contact.