A recent case has highlighted the approach to applications for summary return of a child to a non-Hague Convention country.
In this case the mother (CC) was a British national and the father (DD) was from continental Europe. The parents married and for some time in the marriage lived in Dubai. They had two children. The family lived together in Dubai until February 2020. The parents divorced in October 2021.
The mother brought the children to England for an agreed holiday in February 2024 and then unilaterally decided to retain the children in England. Applications to the Court were made five months after this. The Court considered that CC had uprooted the children (from Dubai) suddenly and unilaterally.
The Court was asked to consider the father’s application for the children’s summary return to Dubai.
In this case the Court reviewed previous cases and spelled out that Courts have consistently held that they must act in accordance with the welfare of the individual child – focus has to be upon the individual child(ren) in the particular circumstances of the case. The children’s welfare was the Court’s paramount consideration.
In the time that the children had been in England it was said that they had developed close ties with their maternal family and were well integrated into school life and the wider social environment in the county where they live. The Court had to consider what was in the children’s best interests as they are now.
The Court acknowledged that return to Dubai would be another upheaval for the children.
The Court considered the welfare checklist until S.1(3) Children Act 1989. There were factors considered including: –
- The boys’ wishes and feelings (which had changed but whilst the elder boy was more uncertain, on balance the younger boy expressed a preference to stay in England).
- The children’s connections with each country.
- The effect on the mother who was described as not having the most robust mental health if forced to return to live in Dubai against her will (CC said that she would go back to Dubai if the children were ordered back).
- There were concerns at DD having shown no insight into his own behaviour.
- There were concerns that if the boys returned with their mother to Dubai, they would be entering what was described as a “battlefield” between their parents.
- It was clear that the children’s living circumstances with their mother in Dubai could not be the same as they had previously been.
- The approach of the Court in Dubai was considered (with expert evidence given on it).
The decision of the Court was to refuse the father’s application for summary return. The Court considered that it was in the children’s best interests to remain in England and for longer term decisions about their welfare to be made here.
If you face a similar situation and need support please contact our Family Law team on 0345 450 5558 or enquiries@stephens-scown.co.uk