A two-year-old boy, who was flown to the UK by his mother without the father’s consent, has been returned to Dubai following a UK high court ruling. The court recognized Dubai as the child’s “habitual residence” and upheld the father’s rights, confirming that the case regarding the family’s future decisions will now be handled by UAE courts.
Samara Iqbal, solicitor, director, and founder of Aramas International Lawyers Ltd, who represented the father, highlighted the significance of the ruling, particularly for expat fathers. She noted, “This is a huge relief for our client and a reminder to expat fathers that their rights to their children can be protected.”
The child’s parents, who are not married, had relocated from the UK to Dubai in December 2023 with the intent to live there permanently. However, in April 2024, the boy’s mother took him back to England without the father’s permission. Despite the short duration the child had been living in Dubai, the court ruled that the UAE was his habitual residence, based on the family’s intent to settle there, rather than the length of time spent in the country.
Although the court ordered the child to return to Dubai, with the mother as the primary caregiver, she chose to remain in the UK. The father has since returned to Dubai with the child and is ensuring contact between the mother and son, in line with UAE laws, pending further decisions from UAE courts regarding long-term care.
Samara Iqbal emphasized that this case serves as an important reminder for expat parents about the legal complexities surrounding international relocation. “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,” she added.
