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England and Wales decisions
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The High Court ordered the return of two children to Dubai after a welfare-based summary return hearing, finding the domestic abuse case unproven and the risk in Dubai low.
ZA and BC (Children: Summary Return Order to Dubai), Re [2026] EWHC 1230 (Fam) (01 April 2026)
The High Court ordered two children returned to Dubai, finding low risk from alleged domestic abuse and geopolitical concerns, and greater harm in severing their relationship with their father.
The District Judge erred by progressing contact to unsupervised prior to determination of serious domestic abuse allegations, failing to properly apply Practice Direction 12J paragraphs 25-27 and the welfare checklist, thereby exposing the child and mother to unmanageable risk of harm.
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A & B (Children), Re [2026] EWFC 57 (B) (03 March 2026)
The court refused the mother’s application for the children to live with her, found her allegations against the father unproven, and ordered the children to remain with their father with indirect contact only.
S v B & Anor [2026] EWFC 86 (B) (26 February 2026)
The court ordered a gradual move from mother-led care to shared care, rejected a fact-finding hearing, allowed therapy to continue outside school time, and imposed a section 91(14) bar.
Y (Experts and Alienating Behaviour: The Modern Approach), Re [2026] EWFC 38 (20 February 2026)
The court set aside earlier findings based on an unregulated psychologist’s report and restated that alienating behaviour claims must follow fact-finding on abuse.
The children’s consistent and strongly held opposition to contact with their father, corroborated by professional evidence, school records, and their emotional presentations, means that forcing direct or even frequent indirect contact would cause them significant emotional harm. The children’s welfare requires stability, cessation of proceedings, and only minimal indirect contact, with emotional support prioritized. A Section 91(14) order for two years is proportionate to prevent further litigation and emotional harm.
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The mother’s conduct in pursuing extreme, unproven, and harmful allegations against the father was unreasonable and reprehensible, justifying an order for costs against her in accordance with established principles for exceptional circumstances in family proceedings.
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MI v AA [2025] EWFC 487 (B) (29 December 2025)
The Family Court found that the father was responsible for repeated criminal damage incidents, or had instructed others to do them, and refused permission to appeal.
R v R [2025] EWHC 3180 (Fam) (05 December 2025)
Appeal against family fact-finding findings dismissed. The High Court held the mother had a fair hearing, the vulnerable witness guidance was followed, and the findings were not undermined by error.
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