AA and BB (Children: Return Order: Dubai), Re

AA and BB (Children: Return Order: Dubai), Re

Summary return to Dubai is refused because it is not in the best interests of AA and BB. The children are settled in England, their principal carer would be financially and emotionally dependent on DD in Dubai, and would likely suffer mental health deterioration, adversely affecting the children. Dubai's legal system does not prioritise best interests in relocation applications, and CC would face significant barriers to effective access to the Dubai court. The children would face further upheaval and instability upon return. Welfare decisions should be made in England.

Parties
Applicant: CC; Respondent: DD
Jurisdiction
England and Wales
Judgment Date
19 February 2025
Procedural Posture
Child Custody and Return Order / Final Judgment
Outcome
Application for summary return refused; children to remain in England.
Legal Topics
Child Custody, Summary Return, Non Hague Convention Jurisdiction, Relocation, Best Interests of the Child, Prohibited Steps Order
Family Law International Child Law Child Custody Summary Return Non Hague Convention Jurisdiction Relocation Best Interests of the Child Prohibited Steps Order

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

CC

Applicant

DD

Respondent

Procedural Posture

Child Custody and Return Order / Final Judgment

Legal Issues

  1. 1 Whether summary return of AA and BB to Dubai is in their best interests
  2. 2 Impact of mother's dependency and mental health on children's welfare
  3. 3 Effectiveness of Dubai court's relocation jurisdiction

Ratio Decidendi

Summary return to Dubai is refused because it is not in the best interests of AA and BB. The children are settled in England, their principal carer would be financially and emotionally dependent on DD in Dubai, and would likely suffer mental health deterioration, adversely affecting the children. Dubai's legal system does not prioritise best interests in relocation applications, and CC would face significant barriers to effective access to the Dubai court. The children would face further upheaval and instability upon return. Welfare decisions should be made in England.

Court Disposition

Application for summary return refused; children to remain in England.

Orders

  • Prohibited steps order and port alert to continue for three months or until further order
  • No summary return order granted