(MENAFN- Khaleej Times)
Published: Thu 12 Sep 2024, 11:29 AM
Last updated: Thu 12 Sep 2024, 12:14 PM
A toddler - who was flown to the UK by his mother without the father's consent - has been brought back to Dubai after a court order. According to the father's lawyers, the UK high court recognised Dubai as the boy's“habitual residence” and upheld the father's right to have his child brought back to the UAE.
The family's future decisions will be handled by courts in the UAE.“This is a huge relief for our client and a reminder to expat fathers that their rights to their children can be protected,” Samara Iqbal, solicitor, director and founder of Aramas International Lawyers Ltd, told Khaleej Times.
According to court documents, the child is nearly two years old and his parents are not married.“We worked hard to establish our case for the father to be able to bring his son home. Importantly, we also sought expert opinions on UAE laws, which the court considered.”
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The family had left the UK to live permanently in Dubai in December 2023. The child's mum brought him to England in April 2024 without the father's permission.
“Even though the child had not been living in Dubai for a very long time, the court determined the UAE to be his habitual residence. What is important is the intent and set up for the family in their new home country, not necessarily the length of time of the residence,” said Samara.
The court had ordered that the child be taken back to the UAE, with the mother serving as the primary caregiver. However, following the court verdict, the mother decided to remain in the UK, the lawyer added. The father and child have returned to the UAE.
“He (the father) is now facilitating contact between mother and the child as per the laws of the UAE,” said Samara.“The child will live in the UAE with his father at this time, pending the decision of the UAE courts in relation to long-term care. The issue that was dealt with here was whether the child should have been returned to the UAE from the UK, which he was.”
According to Samara, this case underscores that expat parents can safeguard their rights in situations where one parent unlawfully takes a child back to their home country.“We encourage expat parents to carefully consider the legal implications of relocation and seek professional advice before making any decisions that could lead to unlawful actions.”
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