MA v TA

MA v TA

The risk of abduction by the father is very low, manageable, and outweighed by the welfare benefits of Z having contact with his father and paternal family in the UAE. Protective measures, including a formal UAE court agreement, oaths, and a security bond, sufficiently mitigate residual risks. Contact in the UK and UAE is ordered, with progressive unsupervised and overnight stays, subject to safeguards.

Parties
Applicant: MA; Respondent: TA
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Child Arrangements Order / Final Judgment
Outcome
Child arrangements order granted
Legal Topics
Child Arrangements, International Child Contact, Prohibited Steps Order, Risk Assessment, Enforcement of Foreign Orders
Family Law Child Arrangements International Child Contact Prohibited Steps Order Risk Assessment Enforcement of Foreign Orders

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

MA

Applicant

TA

Respondent

Procedural Posture

Child Arrangements Order / Final Judgment

Legal Issues

  1. 1 Whether Z should have contact with his father in the UAE
  2. 2 Assessment of abduction risk
  3. 3 Appropriate arrangements for contact in the UK and UAE

Ratio Decidendi

The risk of abduction by the father is very low, manageable, and outweighed by the welfare benefits of Z having contact with his father and paternal family in the UAE. Protective measures, including a formal UAE court agreement, oaths, and a security bond, sufficiently mitigate residual risks. Contact in the UK and UAE is ordered, with progressive unsupervised and overnight stays, subject to safeguards.

Court Disposition

Child arrangements order granted

Orders

  • Mother to make Z available for contact with father for 1 week three times a year in the UK, with progressive overnight stays.
  • Indirect contact via FaceTime twice weekly.