ZC24P00662 - [2025] EWHC 2691 (Fam)

The Applicant’s August witness statement sets out her welfare case for H’s return to Dubai (in addition to her earlier May 2025 statement for the summary return hearing). Her case is predicated on the basis she and her then partner would provide a stable home for H in Dubai. After filing this witness statement her relationship with her partner ended. Her 12 September 2025 witness statement is the material one. She sets out her income and expenses, her social network and the circumstances for H’s return to Dubai. She says she cannot afford to return to England and “scrimp and save on a very small salary”. She states she has filed the waiver in relation to the Respondent’s Dubai criminal conviction and hopes he will return to Dubai to permit the resumption of shared care there.

The Respondent written evidence sets out why H should remain in his care. His last witness statement sets out his efforts to resolve his legal difficulties in Dubai. He recorded a Zoom call between H, the Applicant and her the maternal Grandfather which took place on 31 July 2025. This was the day when Ms Demery met H. The Applicant was determined to find out directly from H, what she told Ms Demery. The transcript reveals that H was trying not to engage in conversation and was distracted. The Applicant tells her: “Sit up and talk to mummy. Sit up and talk to mummy.” The Applicant and the Grandfather repeatedly badger H to tell them what she told Ms Demery. H tries to deflect the questions but they persist in their cross-examination of her. She tells them she told Ms Demery she wished for fairies and that mummy was beautiful. But the Applicant and the Grandfather persist in their questioning of her when it readily apparent H does not want to talk about her conversation with Ms Demery. H tells them they will find out when they receive Ms Demery’s report. Any yet, they persist. They tell H she will not see her mummy anymore. The Grandfather states: “You won’t see mummy anymore, you don’t love mummy anymore.” The Applicant then asks H whether “so you don’t love mummy anymore. You don’t want to see mummy anymore.” H replies: “I love mummy but I just want to stay here [her home in England].” The Grandfather then says: “She [H] doesn’t love mummy anymore. She doesn’t miss mummy anymore. You don’t love mummy”. After she’s further questioned by the Applicant, the Grandfather then says: “You broke mummy’s heart” and then goes on to ask whether H does not want her mummy anymore. The transcript continues:

Both the Applicant and Respondent gave evidence in court. Both displayed emotion and were upset. Both had a tendency to give rambling answers. They both talked at length about the litigation with little focus on their daughter. It is not necessary to set out their oral evidence, whilst I permitted extensive cross-examination of each, very little turned on their answers.