K (A Child) (Retention in non-Hague Convention State), Re
[2023] EWHC 3427 (Fam)
DL v BJ
16 August 2024
[2024] EWHC 2160 (Fam)
High Court
A couple fought over their baby, who the mother took from Dubai to the UK without the father's permission. The judge decided the baby should go back to Dubai because that's where the family lived before, and the father had a plan to keep the mother and baby safe there. The judge wanted the baby to see both parents, and thought Dubai was a better place for that to happen.
Key Facts
- •Application under inherent jurisdiction for summary return of 1-year-old N to Dubai.
- •Parents, DL (father) and BJ (mother), are unmarried, with DL having parental responsibility.
- •N is a dual British and American national.
- •Parties lived in London, then relocated to Dubai in December 2023, with BJ bringing N back to the UK in April 2024 without DL's consent.
- •Highly acrimonious relationship with allegations of mutual domestic abuse.
- •CAFCASS report initially recommended N remain in England due to immigration uncertainties and BJ's hostility to return.
- •Expert report on UAE law clarifies jurisdiction and best interests principle.
- •Updated CAFCASS recommendation considered merits of return order equally balanced after considering father's protective measures and mother's immigration status in UAE.
Legal Principles
Welfare of the child is the paramount consideration.
Re J (A Child) (Child Returned Abroad: Convention Rights) [2005] UKHL 40
Principles of Hague Convention do not extend to non-Hague Convention countries.
Re J (A Child) (Child Returned Abroad: Convention Rights) [2005] UKHL 40
In non-Convention cases, courts must act in accordance with the child's welfare; summary return may be in best interests.
Re J (A Child) (Child Returned Abroad: Convention Rights) [2005] UKHL 40
Habitual residence corresponds to the place reflecting integration in social and family environment.
A v. A (Children: Habitual Residence) [2014] AC 1
Eight questions to consider in non-Convention summary return cases (including evidence sufficiency, findings on habitual residence, welfare inquiry extent, domestic abuse inquiry, basic living arrangements, oral evidence, Cafcass report, and judicial system comparison).
Re NY (A Child) [2019] UKSC 49
Outcomes
Summary return of N to the UAE ordered within 14 days.
Paramountcy of child's welfare; N's habitual residence established in UAE; UAE courts have relocation jurisdiction and operate on best interests principles; protective measures proposed by father; mother's unclear long-term plans; inadequate contact between N and father; better opportunity for N to have a relationship with both parents in UAE.