AA and BB (Children: Return Order: Dubai), Re [2025] EWHC 358 (Fam) (14 February 2025)

AA and BB (Children: Return Order: Dubai), Re [2025] EWHC 358 (Fam) (14 February 2025)

The court refused to order the summary return of the children to Dubai because their welfare would not be served by such a return. The children are now settled in England, have strong family and social ties, and would face instability, financial dependency, and potential harm to their primary carer's mental health...

Source-derived case information.

Citation
[2025] EWHC 358 (Fam)
Parties
Applicant: CC; Respondent: DD
Jurisdiction
England and Wales
Judgment Date
14 February 2025
Procedural Posture
Children Act Proceedings (summary Return, Prohibited Steps, Child Arrangements) / Final Hearing and Judgment
Outcome
Application for summary return to Dubai refused; children to remain in England.
Legal Topics
Summary Return of Children, Non Hague Convention Country, Child Welfare, Habitual Residence, Relocation, Parental Responsibility, Enforcement of Foreign Orders, Mental Health and Welfare, Financial Provision
Family Law International Child Law Summary Return of Children Non Hague Convention Country Child Welfare Habitual Residence Relocation Parental Responsibility +3 more

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Parties

CC

Applicant

DD

Respondent

Procedural Posture

Children Act Proceedings (summary Return, Prohibited Steps, Child Arrangements) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether to order the summary return of children to Dubai (a non-Hague Convention country) following their retention in England by the mother
  2. 2 Whether the welfare of the children requires their return to Dubai or their continued residence in England
  3. 3 Impact of parental conflict, financial dependency, and mental health on children's welfare

Ratio Decidendi

The court refused to order the summary return of the children to Dubai because their welfare would not be served by such a return. The children are now settled in England, have strong family and social ties, and would face instability, financial dependency, and potential harm to their primary carer's mental health if returned. The Dubai legal system would not adequately protect the children's welfare or allow effective consideration of relocation, and the mother would be at a significant disadvantage in litigating there. The best interests of the children require that they remain in England.

Court Disposition

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

Orders

  • No order for summary return; children remain living with the mother in England.
  • Existing prohibited steps and port alert orders to remain in force.