A young child, who was brought to the UK by his mother without the father's approval, has been returned to Dubai following a court order. The father's legal team stated that the UK High Court acknowledged Dubai as the boy's 'habitual residence' and upheld the father's right to have his child brought back to the UAE. Future family decisions will be managed by courts in the UAE.
'This is a significant relief for our client and serves as a reminder to expat fathers that their rights to their children can be safeguarded,' said Samara Iqbal, solicitor, director, and founder of Aramas International Lawyers Ltd, in an interview with Khaleej Times. Court documents reveal that the child is nearly two years old, and his parents are not married.
'We diligently worked to establish our case for the father to bring his son home. Crucially, we also sought expert opinions on UAE laws, which the court took into account,' Samara added. The family relocated from the UK to Dubai permanently in December 2023. The child's mother brought him to England in April 2024 without the father's consent.
'Even though the child had not resided in Dubai for an extended period, the court concluded that the UAE was his habitual residence. What matters is the intent and the family's setup in their new home country, not necessarily the duration of the residence,' Samara explained. The court ordered the child to be returned to the UAE, with the mother designated as the primary caregiver. However, after the court's decision, the mother chose to stay in the UK, according to the lawyer.
The father and child have since returned to the UAE. 'He (the father) is now facilitating contact between the mother and the child in accordance with UAE laws,' Samara noted. 'The child will reside in the UAE with his father for the time being, pending the UAE courts' decision regarding long-term care. The primary issue addressed here was whether the child should be returned to the UAE from the UK, which he was.'
Samara emphasized that this case highlights that expat parents can protect their rights in scenarios where one parent unlawfully takes a child back to their home country. 'We advise expat parents to thoroughly consider the legal ramifications of relocation and seek professional counsel before making any decisions that could result in unlawful actions,' she concluded.
