A toddler who was taken to the UK by his mother without the father’s consent has been brought back to Dubai following a court order. The UK high court recognized Dubai as the boy’s “habitual residence” and upheld the father’s right to have his child returned to the UAE. The family’s future decisions will now be handled by courts in the UAE, providing relief to the father and highlighting the importance of protecting expat fathers’ rights to their children.
The child, who is almost two years old, and his parents are not married. The legal team worked diligently to establish the case for the father to bring his son back to the UAE, seeking expert opinions on UAE laws to support their argument. Despite the child not living in Dubai for long, the court determined it to be his habitual residence based on the family’s intent to permanently reside in the country, rather than the duration of their stay.
The family had moved from the UK to Dubai in December 2023 with the intention of living there permanently. However, in April 2024, the child’s mother took him to England without the father’s consent, prompting the legal battle to have the child returned to the UAE. Following the court order for the child to be brought back to the UAE with the mother as the primary caregiver, she chose to remain in the UK, while the father and child returned to Dubai.
The father is now facilitating contact between the mother and the child in accordance with UAE laws, as they await the decision of the UAE courts regarding long-term care arrangements. This case serves as a reminder that expat parents can protect their rights in cases where one parent unlawfully takes a child to their home country. It emphasizes the importance of considering the legal implications of relocation and seeking professional advice before making decisions that could lead to unlawful actions.
In conclusion, the successful resolution of this case underscores the significance of upholding expat parents’ rights in international child custody disputes and reaffirms the importance of legal protection in such situations. By recognizing the child’s habitual residence and ensuring his return to the UAE, the court has set a precedent for expat families facing similar challenges. Expats are encouraged to be aware of their legal rights and seek legal guidance when relocating or facing legal issues related to custody and family matters. Victory in cases like this highlights the effectiveness of legal representation and the support available to safeguard parental rights in cross-border disputes.
