HK v NK (Domestic Abuse)
[2024] EWHC 1987 (Fam)
MA v TA
11 December 2023
[2023] EWFC 271 (B)
Family Court
Parents argued about where their child could see his dad (UK or UAE). The UAE has different laws, making the mum worried her child wouldn't come back. The judge decided the child could see his dad in both places, but with extra rules in place to make sure he safely returned to his mum in the UK.
Key Facts
- •Child arrangements order concerning a 3-year-old boy, Z.
- •Dispute over Z's contact with his father, TA, in the UK and UAE.
- •Mother, MA, opposes contact in the UAE due to concerns about abduction.
- •UAE is a non-Hague Convention country with a Sharia-based legal system.
- •Allegations of domestic abuse were made but not pursued.
- •Single joint expert report from Dr. Ian Edge on UAE law was obtained.
Legal Principles
Child's welfare is paramount.
Inherent jurisdiction of the Family Court
Parental responsibility and guardianship.
UAE Family Law and Dr. Edge's report
Recognition and enforcement of foreign court orders.
Dr. Edge's report
Practice Direction 12J (domestic abuse).
Practice Direction 12J
Outcomes
Contact order made for father to have contact with Z in the UK three times a year, gradually increasing to include overnight stays.
To facilitate a relationship between father and son while addressing mother's concerns.
Contact order made for father to have contact with Z in the UAE for one week annually starting December 2025/January 2026, conditional on a pre-arranged agreement registered with a UAE court.
To balance the benefits of contact with the father in his home country against the risks associated with the UAE's legal system and the need to mitigate the risk of abduction. The agreement is designed to safeguard Z's return to the UK.
Prohibited steps order discharged on December 1st, 2024.
Based on the evolution of the relationship and growing confidence in the contact arrangements.