Introduction Of UAE
A two-year-old boy, taken to the UK by his mother without the father’s consent, has been returned to Dubai following a court order, in a case that highlights the protection of parental rights for expats in the UAE. The UK High Court ruled in favor of the father, recognizing Dubai as the child’s “habitual residence” and affirming the father’s right to have his son brought back to the UAE. The boy’s future custody arrangements will now be decided by courts in the Emirates.
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Court Order Recognizes Dubai as the Child’s Habitual Residence
The father’s legal team emphasized that the UK High Court acknowledged the family’s established ties to Dubai, even though the child had only been living there for a few months. According to Samara Iqbal, solicitor, and founder of Aramas International Lawyers Ltd, who represented the father, the decision reaffirmed the father’s rights and offered relief to many expat fathers in similar situations.
“This is a huge relief for our client and a reminder to expat fathers that their rights to their children can be protected,” Iqbal told Khaleej Times.
Legal and Expert Opinions Influenced the Decision
The child’s parents are not married, but the family had relocated to Dubai from the UK in December 2023 with the intention of making it their permanent home. However, in April 2024, the child’s mother took him back to the UK without informing or seeking the father’s approval. While the child had not resided in Dubai for an extended period, the court’s ruling was based on the family’s established intent to settle in the UAE.
Iqbal noted that expert legal opinions on UAE laws were crucial in presenting the case. “We worked hard to establish our case for the father to be able to bring his son home. Importantly, we also sought expert opinions on UAE laws, which the court considered,” she said.
Father’s Rights Upheld Amid International Parental Dispute
Following the court’s order, the father and child returned to Dubai, where the father is now facilitating contact between the child and the mother in accordance with UAE laws. The mother has opted to remain in the UK despite the court’s decision, while the boy will live in Dubai with his father until further rulings from UAE courts determine long-term custody arrangements.
“The child will live in the UAE with his father at this time, pending the decision of the UAE courts in relation to long-term care,” explained Iqbal.
The mother was designated the child’s primary caregiver by the court, but the father was granted the right to bring his son back to the UAE. The case illustrates the complexities involved when parents of different nationalities or residence status become embroiled in legal disputes across borders.
Legal Implications for Expat Parents
This case serves as a cautionary tale for expatriate families considering relocation or child custody matters. Samara Iqbal highlighted the importance of being aware of legal obligations in both home and host countries to avoid disputes and potential legal ramifications.
“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 advised.
The return of the toddler to Dubai, as ordered by the UK court, underscores the international recognition of parental rights and the enforcement of child custody rulings across borders. It also emphasizes that expat parents must navigate both UAE laws and those of their home countries carefully to ensure that their rights, and the best interests of their children, are protected.
This ruling reinforces the UAE’s legal stance in family law matters, particularly for expatriate residents, ensuring that parental rights are upheld, even when complex international issues arise. The family’s long-term arrangements will now rest in the hands of the UAE courts, which will continue to prioritize the welfare of the child in accordance with local family law.
