Father v Mother

Father v Mother

The risk of the Father retaining the children in Dubai is real but low, and the consequences of such retention would be severe. With appropriate safeguards, specifically a parental agreement lodged with the Dubai court confirming the children's habitual residence in England and their return, the risk can be sufficiently mitigated. It is in the children's best interests to allow them to travel outside England, including to Dubai, for contact with their Father, subject to these safeguards.

Parties
Applicant: Father; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
03 July 2020
Procedural Posture
Inherent Jurisdiction (family) / Judgment After Contested Hearing
Outcome
Application for summary return dismissed; contact outside jurisdiction, including Dubai, permitted with safeguards.
Legal Topics
Child Relocation, Habitual Residence, Summary Return of Children, Contact Arrangements, Non Hague Convention Country, Safeguards for International Contact
Family Law International Child Law Child Relocation Habitual Residence Summary Return of Children Contact Arrangements Non Hague Convention Country Safeguards for International Contact

Case Brief

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Parties

Father

Applicant

Mother

Respondent

Procedural Posture

Inherent Jurisdiction (family) / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the children should be allowed to travel outside England for contact with their father, including to Dubai, given the risk of retention in a non-Hague Convention country
  2. 2 What safeguards are necessary to protect the children's return to England if allowed to travel

Ratio Decidendi

The risk of the Father retaining the children in Dubai is real but low, and the consequences of such retention would be severe. With appropriate safeguards, specifically a parental agreement lodged with the Dubai court confirming the children's habitual residence in England and their return, the risk can be sufficiently mitigated. It is in the children's best interests to allow them to travel outside England, including to Dubai, for contact with their Father, subject to these safeguards.

Court Disposition

Application for summary return dismissed; contact outside jurisdiction, including Dubai, permitted with safeguards.

Orders

  • Father to have direct contact with the children, including outside England, subject to safeguards.
  • Safeguards to include a parental agreement lodged with the Dubai court confirming habitual residence in England and return of the children.